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(Robert C. Bonsib, Esq. with his client outside of the United States District Court in Greenbelt, Maryland after winning a mistrial in a four week mail fraud and obstruction of justice prosecution.) * * * * * As the following case summaries and recognitions illustrate Robert C. Bonsib, Esq. is one of the most active criminal trial and appellate lawyers in the area. Whether in the local trial courts handling a homicide, sexual assault, DUI or domestic assault case or in the federal court presenting a defense in a complex white collar or narcotics or before an appellate court, Maryland criminal lawyer Robert C. Bonsib, Esq. is at home in the federal and local trial and appellate courts in Maryland and the District of Columbia. This page reviews some of the more significant and interesting cases and activities of Maryland criminal defense attorney Robert C. Bonsib, Esq. These cases offer a glimpse of the breadth and type of criminal matters, educational programs, bar and court activities and other significant events and activities in which Mr. Bonsib has been involved. In some these cases, Mr. Bonsib was successful in winning acquittals or the dismissal of charges for his clients. While an outright acquittal or dismissal is the best of all possible results, in some cases the evidence may be such that the likelihood of success at trial is minimal and that it is in the best interest of a client to seek the most favorable sentence. In many cases, success is measured by the degree to which a favorable disposition can be negotiated or by the extent to which a client's sentence was able to be minimized or modified. In addition to his active criminal defense practice, Mr. Bonsib frequency writes and lectures other Maryand criminal lawyers and law enforcement professionals on recent developments in the area of federal and state criminal law. He is also often asked to serve on court and bar association committees and is regularly consulted by the local media on matters of public interest in the field of criminal law. * * * * * ROBERT C. BONSIB RECOGNIZED BY WASHINGTONIAN MAGAZINE AS ONE OF THE TOP 30 LAWYERS IN THE WASHINGTON AREA (December, 2007) In its December, 2007 edition, Washingtonian Magazine recognized Maryland criminal lawyer Robert C. Bonsib, Esq. for the third time as one of the regions top criminal lawyers. From a list of what Washingtonian Magazine characterized as the top 800 lawyers in the area, it narrowed the list to the 30 "best of the best." Robert C. Bonsib, Esq. was included in this select group of top lawyers. * * * * * 40 MINUTE NOT GUILTY VERDICT IN RAPE CASE (2008) In February, 2008 after a 3 day jury trial in Prince George's County and after only 40 minutes of deliberation, Robert C. Bonsib won not guilty verdicts for his client who was charged with second degree rape and second degree assault. The prosecution alleged that a woman was sexually assaulted while unconscious after an evening of drinking. Mr. Bonsib's client flatly denied the woman's allegations. The jury concluded that the the prosecution's allegations were not proven. * * * * * ROBERT C. BONSIB NAMED BY SUPER LAWYERS IN BALTIMORE MAGAZINE AS ONE OF THE TOP 50 MARYLAND LAWYERS (2008) Robert C. Bonsib, Esq. has been named in the Super Lawyers section of Baltimore Magazine as one of the top 50 lawyers in the State of Maryland and one of the best Maryland criminal attorneys. This recognition comes at the same time as Mr. Bonsib's recognition by Washingtonian Magazine as one of the top 30 lawyers in the Washington, D.C. metropolitan area. * * * * * GOVERNMENT FAILS - MISTRIAL IN HIGH PROFILE PUBLIC CORRPUTION PROSECUTION (2007) In the fall of 2007, the United States Attorney's Office for the District of Maryland described its prosecution of the former chief executive officer fo the Prince George's County Public Schools as one of its most important prosecutions. Despite offering video taped evidence allegedly showing Mr. Bonsib's client engaged in criminal conduct, Mr. Bonsib was successful in derailing the government's prosecution. Despite four weeks of government evidence, the jury was not able to reach a unanimous verdict on any of the 16 counts which charged mail and wire fraud and obstruction of justice. A mistrial was declared after 7 days of deliberations and over 55 hours of deliberations. For a description of the trial and the significance of the mistrial in this case, see the WUSA report on the mistrial (Click here to see story and video WUSA report of mistrial ) and the NBC 4 report on the mistrial (Click here to see NBC 4 report of mistrial). * * * * * PRINCE GEORGE'S COUNTY DISTRICT COURT NOT GUILTY VERDICTS While Robert C. Bonsib, Esq. handles complex matters in the federal and state courts, he also regularly appears in the Maryland District Court and United States Magistrate Courts handling misdemeanor cases such as DUI, theft, drug possession, domestic violence and weapons violations. In April, 2008 Mr. Bonsib was successful in two District Court trials in winning acquittals for his clients. In one matter, a client was charged with stealing merchandise from a local retail business. In the other matter, a client, a college student, was accused of disorderly conduct and failing to obey the orders of a police officer after the client left a college town bar at closing time and became involved in a verbal altercation with a police officer. * * * * * DISMISSAL IN FEDERAL IMMIGRATION FRAUD PROSECUTION In March, 2008 Robert C. Bonsib, Esq. was successful in convincing local prosecutors to dismiss all charges against his client, who had been indicted last year in a multi-defendant case, for engaging in what the government contented was an conspiracy to defraud the immigration authorities by submitting fraudulent labor cert applications that, if approved, would permit non-U.S. citizens to enter and work in the United States. After a number of meetings with the govenrment, Mr. Bonsib was able to convince the government, shortly before the scheduled trial date, that the indictment against his client should be dismissed. * * * * * ROBERT BONSIB RECOGNIZED AS ONE OF "THE BEST LAWYERS IN AMERICA" (2005-2008) Based upon the nomination of his colleagues, Robert C. Bonsib, Esq. has been selected to be included in the 2008 Edition of "The Best Lawyers in America" as one of the best criminal lawyers in the areas of both white collar and non-white collar criminal defense. This is the fourth consecutive year in which Mr. Bonsib has been so recognized.
NOT GUILTY VERDICT AFTER 3 MONTH FEDERAL CONSPIRACY, MAIL FRAUD & FALSE STATEMENT TRIAL
(Photo from Metro edition of Washington Post of Mr. Bonsib and his client leaving federal court in Washington, D.C. after his client's acquittal) After a three-month trial in the United States District Court for the District of Columbia, Mr. Bonsib's client was acquitted of all charges. Mr Bonsib's client had been indicted for conspiracy, mail fraud and a series of false statement charges arising out of a prosecution of a number of officials of the Washington Teachers' Union for the embezzlement of approximately 5 million dollars of union members' funds. This highly publicized federal white collar prosecution resulted in the conviction, in the same trial, of two union officials. Others pled guilty before the trial. Mr. Bonsib's client, an accountant and tax preparer, who was accused of preparing false financial statements, was the only defendant not convicted in this series of prosecutions. * * * * * WASHINGTONIAN MAGAZINE NAMES ROBERT C. BONSIB, ESQ. AS A "TOP CRIMINAL LAWYER" [2004] When the Washingtonian Magazine, for the second time, acknowledged Robert C. Bonsib, Esq. as one of the area's top criminal lawyers, Washingtonian Magazine noted that if you or a relative is under arrest that Robert C. Bonsib is one of the top "lawyers who know the criminal law and their way around area courtrooms." It further noted that selection for its list of top lawyers was made only after it contacted "hundreds of attorneys" in the field of criminal law and "asked which lawyer in their field-other than themselves-they would trust with their business. Lawyers with the most recommendations made the [Washingtonian's] list."
Robert C. Bonsib was similarly honored by the Washingtonian Magazine in 2002 when it recognzied him as one of the area's top 75 lawyers.
NOT GUILTY VERDICT IN PRINCE GEORGE'S COUNTY RAPE PROSECUTION [2007] In September, 2007 a Prince George's County jury returned a not guilty verdict after 80 minutes of deliberation in a case where Mr. Bonsib's client, a former municipal police officer, had been charged with misconduct in office and with second degree rape based upon an allegation that he raped a woman with whom he had contact while on-duty. The misconduct in office charged was dismissed by the trial court in the middle of the trial and the jury returned a not guily verdict at the conclusion of the entire case. * * * * * DISMISSAL IN CHILD ABUSE PROSECUTION In September, 2007 in the Prince George's County Circuit Court the prosecution was forced to dismiss a child abuse indictment filed against Mr. Bonsib's client when the Court denied the prosecution's request for a further postponement of the trial date. Mr. Bonsib's client had been accused of improper sexual contact with his neice. Mr. Bonsib had prepared an alibi defense based upon witness testimony and through the reconstruction of his client's activities on the evening of the alleged incident. The reconstruction, through a time line supported by telephone records, payroll records, credit card and other receipts conclusively demonstrated that his client was at least 15 miles away from the scene of the alleged event on the date and at the time that his client was accused of committing the crime. * * * * * ROBERT C. BONSIB, ESQ. RECOGNIZED IN "WHO'S WHO IN AMERICAN LAW" Robert C. Bonsib, Esq. has been repeated recognized in "Who's Who In American Law." * * * * * NOT GUILTY VERDICT IN RECKLESS ENDANGERMENT PROSECUTION In August, 2007 a Prince George's County jury returned a not guilty verdict after just 45 minutes of deliberation in a case where Robert C. Bonsib's client had been charged with leaving a firearm and ammunition in a location where a minor child could readily obtain the firearm and ammunition. The minor child was fatally wounded when the firearm discharged. Mr. Bonsib's argued successfully to the jury that the death was an accident and that his client had done all that was reasonably appropriate under the circumstances to keep the firearm out of the hands of the minor. FELLOW, AMERICAN COLLEGE OF TRIAL LAWYERS Robert C. Bonsib, Esq. has been a Fellow in the American College of Trial Lawyers for almost a decade. The American College of Trial Lawyers is a prestigious national organization of trial lawyers whose membership is limited to the top 1% of the nation's trial lawyers. Fellowship in the College is extended by invitation only, after careful investigation, to those experienced trial lawyers who have master the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct and professionalism.
SUCCESSFUL SENTENCING IN FEDERAL COCAINE CONSPIRACY CASE In many cases, success is measured by the nature of the punishment received by the client. In cases where the evidence is compelling, the responsibility of a criminal defense attorney is to seek the most favorable sentence for an accused. In June, 2007 Robert C. Bonsib, Esq. convinced the United States District Court in Greenbelt, Maryland to impose a sentence of 12 months home detention in a cocaine conspiracy case where the government had argued for a 10 year sentence. Mr. Bonsib' s client had pled guilty to conspiracy to distribute cocaine and unlawful posssession of ammunition by a convicted felon. At a lengthy sentencing hearing, Mr. Bonsib initially convinced the trial court that his client was eligible for treatment under the "safety valve" provisions of the federal sentencing laws and federal sentencing Guidelines and that his client should not receive an upward adjustment of his Guidelines as a result of the presence of three handguns in his residence. The ruling that Mr. Bonsib's client was eligible for the "safety valve" meant that the court was not bound by the 10 year mandatory sentence and that his client's Guidelines sentencing range was reduced to 78-97 months. In the second phase of the sentencing hearing, through the use of video presentations illustrating the compelling need of the client's disabled daughter for his presence and through the use of many testimonials, both in written and oral form, Mr. Bonsib then convinced the trial court to depart downward from the Guidelines range of 78-97 months to a sentence of 12 months of house arrest. NOT GUILTY VERDICT IN D.C. VEHICULAR MANSLAUGHTER PROSECUTION After a week-long trial in the Superior Court for the District of Columbia, Mr. Bonsib was succesful in convincing a Superior Court jury to return verdicts of not guilty as to the charges of vehicular manslaughter and negligent homicide. Mr. Bonsib's client was charged with fatally striking a pedestrian who was walking across the street in the middle of the block in the evening hours. The government alleged that Mr. Bonsib's client was speeding and under the influence of alcohol. Mr. Bonsib persuaded the jury that any evidence of speed and any evidence relating to the consumption of alcohol did not substantially contribute to the causing of the accident and, further argued that it was the conduct of the pedestrian that caused the fatal accident. ROBERT C. BONSIB, ESQ. INSTRUCTS MARYLAND JUDGES REGARDING THE CRIMINAL TRIAL Robert C. Bonsib, Esq. was again asked to particpate as an instructor at the Judicial Institute of Maryland. Together with two Circuit Court judges, he conducted a day-long training program - "The Conduct of a Criminal Trial" - for Maryland Circuit and District Court judges. This is the second time that Mr. Bonsib has been invited to present the day-long seminar to Maryland judges. ROBERT C. BONSIB INVITED TO ATTEND JUDICIAL CONFERENCE FOR THE FOURTH CIRCUIT COURT OF APPEALS Robert C. Bonsib, Esq. has been invited by the United States District Court in Greenbelt, Maryland to attend, as a lawyer member, the annual judicial conference held by the Judicial Conference of the United States Court of Appeals for the Fourth Circuit. This year's conference with be held at the Wintergreen Resort. The featured speaker is Chief Justice John Roberts of the United States Supreme Court. HUNG JURY IN EXCESSIVE FORCE PROSECUTION In June, 2007 after a week-long trial in the Circuit Court for Prince George's County, the prosecution was unsuccesful in attempting to persuade a jury that Mr. Bonsib's client, a police officer with an area municipal police department, used excessive force during the detention of an individual. After two days of deliberations a mistrial was declared when the jury could not reach a unanimous verdict. DISMISSAL IN CHARLES COUNTY FEDERAL ARSON CASE In December, 2004 over 40 homes were burned in Charles County, Maryland in the largest case of arson in Maryland's history. Six individuals were charged with arson after an extensive federal and state investigation. Mr. Bonsib represented one of the six defendants. After an expedited and careful investigation, Mr. Bonsib and his investigator were able to reconstruct the activities of his client during the even before and on the morning of the arsons and convince federal prosecutors that his client was not involved in the arsons, despite his having been implicated in the arsons by two of the other individuals charged in the case. Each of the other five defendants either pled guilty or were convicted after trial. by using cellular telephone tower records and other records and receipts, Mr. Bonsib was able to track the location of his client during the evening of the arsons and demonstrate that his client was in Rockvlle and at other locations in Maryland at the time when others involved in the arsons were allegedly setting over fourty homes on fire. Mr. Bonsib's client was the only one of the original six defendants who was not convicted and sentenced to imprisonment. DISMISSAL IN DNA "COLD HIT" RAPE PROSECUTION In January, 2007 Mr. Bonsib successfully convicted a judge in the Circuit Court for Montgomery County to deny the prosecution's request for a postponement in a 1992 rape case. Mr. Bonsib's client was identified, according to the prosecution, by comparison of his DNA taken while he was incarcerated on an unrelated matter to DNA in an data base that contained the DNA obtained during the investigaiton of the 1992 incident. Through the filing of various pre-trial motions, Mr. Bonsib won a ruling from the trial judge that the prosecution failed to properly and timely provide to the defense the materials and information regarding the DNA testing and results and that, therefore, the prosecution would not be permitted to use the DNA results unless the trial date was continued to a later date. Only by a delay of the trial would the defense have been afforded an adequate opportunity to analyze the DNA testing process. Because the case had been pending for a lengthy period of time and because of the adverse employment and other consequences suffered by his client during that period, Mr. Bonsib was then able to convince the court that the prosecution's request for a further delay in the case was not supported by good cause. When the postponement request was denied, it also had the result of preventing the prosecution from using the DNA evidence. When those two events occurred, the prosecution had insufficient evidence to proceed to trial and had to dismiss the indictment. HOME DETENTION IN AUTOMOBILE MANSLAUGHTER CASE In May, 2007 Mr. Bonsib secured a sentence of home detention for his client who had pled guilty to automobile manslaughter. Mr. Bonsib's client had been indicted for manslaughter by automobile and driving under the influence of alcohol. His client was accused of operating a motor vehicle at a high rate of speed, failing to negotiate a curve and running off the road, striking a tree with the result that one passenger in his vehicle died and the other was seriously injured and remained in the hospital for a number of weeks. Mr. Bonsib's client had a blood alcohol level of .16. In addition to convincing the trial court to permit Mr. Bonsib's client to serve his sentence on home detention, Mr. Bonsib was also successful at hearing before the Maryland Motor Vehicle Administration in convincing an administrative law judge to reject a recommendation by the Medical Advisory Board that his client's driving privileges should be suspended. Mr. Bonsib's client was permitted to retain his driving privileges. REVERSAL OF ATTORNEY'S OBSTRUCTION OF JUSTICE CONVICTION Robert C. Bonsib, Esq. successfully argued before the Maryland Court of Appeals that the conviction of a local prominent criminal defense attorney for obstruction of justice should be reversed because of a denial of the attorney's constitutional right to a speedy trial. In May, 2007 the Court of Special Appeals issued an opinion agreeing that the attorney's speedy trial rights had been violated and directed that the conviction be reversed. PROBATIONARY SENTENCE IN FEDERAL FIREARMS CASE In May, 2007, at a sentencing hearing in a case where his client had pled guilty to unlawful possession of a sawed-off shotgun, Mr. Bonsib convinced a federal judge to impose a below Guidelines sentence. Mr. Bonsib's client. formerly a police officer with an area police department, had faced a recommended sentence of 3 years under the federal sentencing Guidelines. Because of the unusual circumstances surrounding his client's involvement in this offense, Mr. Bonsib persuaded the federal judge to grant his client a downward departure from the Guidelines range for "aberrant conduct" and to grant his client a probationary sentence. $127,000 DEFAMATION VERDICT AFFIRMED BY MARYLAND COURT OF SPECIAL APPEALS Although Robert C. Bonsib, Esq. handles primarily criminal matters, on this occasion Mr. Bonsib handled a defamation matter for a client who had been wrongfully accused of being convicted of theft while a teenager. As a result of the allegation, his employer fired him. After Mr. Bonsib successfully convinced a Montgomery County, Maryland to award his client $127,000 for lost wages and mental anguish, he then persuaded the Maryland Court of Special Appeals to affirm the judgment in a reported opinion. See Montgomery Investigative Services, Ltd. v. Horne , 173 Md. 193, 918 A.2d 526 (2007).
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