REPRESENTATIVE CASES

State v. J.P.
Date: Mar 14, 2016
Practice Area: Criminal defense
Outcome: 20 year sentence overturned
Description: Overturned a 17-20 year sentence in Charlotte with a motion for appropriate relief based on his prior attorney's ineffective assistance in representing the client at trial.

State v, Saldierna
Date: Jul 27, 2015
Outcome: Felony convictions overturned on appeal
Description: Following a decision by a superior court judge to admit his client's confession into evidence, Rob appealed the judge's decision to the Court of Appeals and overturned the trial judge. The published decision is considered new law on the subject of illegally-obtained confessions. The decision can be found here: (click here to view full decision)

U.S. v. S.T.
Date: Nov 04, 2014
Outcome: Probation
Description: Client arrested on a criminal complaint that alleged distribution of synthetic cathinones (synthetic marijuana or bath salts) on a national level. Negotiated a sentence of probation without any cooperation requirements.

State v. X
Date: Jun 04, 2015
Outcome: First degree murder reduced to obstruction of justice
Description: First degree murder charge reduced to obstruction of justice and client received probation. Client also avoided a federal indictment whereas codefendants were each federally indicted.

Matter of S.C.
Date: May 22, 2015
Outcome: Waiver granted for permanent resident
Description: Client allowed to keep his green card based on a 212(h) waiver despite being placed in deportation proceedings based on state and federal credit card fraud convictions.

U.S. v. S.P.
Date: September 1, 2014
Practice Area: White Collar Crime
Outcome: Probation
Description: Client charged with a fraud in excess of 10 million dollars. Immediately prior to jury selection, negotiated a non-cooperation plea which resulted in probation for the client.

U.S. v. B.K.
Date: October 14, 2014
Practice Area: White Collar Crime
Outcome: Split sentence
Description: Obtained a variance such that client received 6 months imprisonment based on a fraud with a loss amount in excess of $500,000. Client did not cooperate with law enforcement.

State v. Velazquez-Perez
Practice Area: Appeals
Date: Apr 21, 2014
Outcome: 29-35 year sentence overturned
Description: Mr. Heroy represented Edgar Villalvazo on appeal. At trial he received a 29-35 year sentence based on his alleged participation in the largest cocaine arrest in Buncombe County. On appeal, the verdict was overturned by the NC Court of Appeals, and the charges ordered dismissed.  The case was featured on the front page of Lawyer’s Weekly and resulted in a published opinion.  Mr. Villalvazo now lives in California with his daughters and received a new work permit following his release.

Aguirre v. U.S.
Practice Area: Appeals
Date: Jul 01, 2014
Outcome: Conviction overturned/residence reinstated
Description: Habeas motion granted and his client’s conviction for a federal firearms offense was overturned by a U.S. District Court Judge based on his client’s actual innocence.  She  was released from immigration custody after spending a year in custody on the charge.   The case went to the Fourth Circuit Court of Appeals, where the government took a dismissal.

One year later, we assisted the client in obtaining a 212(h) waiver before an immigration judge, and she is now a legal permanent resident and home with her daughter.

U.S. v. Lewis
Practice Area: Federal Crime
Date: Oct 01, 2011
Outcome: Not Guilty
Description:  Defendant found not guilty by a jury in federal court following a week-long federal firearms trial.  As part of that victory, Mr. Heroy convinced a U.S. District Court Judge to suppress evidence of a confession based on a violation of his client’s Miranda rights.

U.S. v. R.A.
Practice Area: Federal Crime
Date: Aug 27, 2014
Outcome: forfeiture avoided
Description: Assisted in obtaining the release of lis pendens on property totaling $3-5 million dollars as part of a money laundering investigation.

STATE v. Flores
Date: March, 2014
Practice Area: Criminal Defense
Outcome: Manslaughter reduced to misdemeanor charges
Description: In a highly publicized vehicular manslaughter case involving a vehicle accident with multiple fatalities and allegations of street-racing, Mr. Heroy conducted an extensive investigation utilizing private investigators and accident reconstruction experts to counter the prosecution’s allegations, and eventually was able to negotiate a plea agreement in which his client pled to 2 misdemeanors, and all felony charges were dismissed.

re: Almanza
Practice Area: Immigration
Date: Jan 30, 2014
Outcome: Appeal successful
Description: The Board of Immigration Appeals reversed the Immigration Judge's decision to deny bond to client on account of pending drug charges.  3 years later, immigration proceedings against Respondent were administratively closed.

U.S. v. Mubdi
Practice Area: Criminal Defense
Date: Aug 21, 2013
Outcome: Sentence reduced by 9 years
Description:  Represented client on a resentencing following a remand from the Fourth Circuit Court of Appeals based on the Supreme Court's decision in Alleyne. Defendant's sentence was reduced from 25 years to 16 years.

State v. J.P.
Practice Area: Criminal Defense
Date: Aug 20, 2013
Outcome: Conviction overturned due to defective indictment
Description: Client’s 8 year old felony drug conviction overturned based on a defective indictment. The U.S. Government sought to deport J.P., a permanent resident, based on that conviction, and had initiated deportation proceedings.  They were forced to dismiss their case once his conviction was overturned. J.P. is now a U.S. citizen.

U.S. v. Luis Fernandez
Practice Area: Appeals
Date: Feb 21, 2013
Outcome: Appeal Successful, and Client’s sentence reduced by 2 years
Description:  Remand obtained from the Fourth Circuit Court of Appeals based on erroneous sentence calculation at the trial level.  Mr. Heroy filed a motion to reconsider with the trial judge while the case was pending appeal with the Fourth Circuit.  Based on that motion, he was able to obtain a remand in spite of an appeal waiver, and on remand, Fernandez’s 7-year sentence was reduced by 2 years.

State v. Watkins
Practice Area: Criminal Defense
Date: Jul 25, 2012
Outcome: Hung jury followed by plea offer for probation
Description:  Following a week long jury trial on drug trafficking and habitual felon charges where the client faced over a decade in prison, the case was declared a mistrial based on a hung jury in the Defendant's favor. Following the mistrial, the client was offered a probationary sentence

State v. Bailey
Practice Area: Criminal Defense
Date: Jul 24, 2012
Outcome: New plea deal offered after cross-examination of state's lead witness
Description: Immediately following Defense's cross-examination of the State's first witness in a drug and habitual felon trial, the State offered the client a plea offer to a non-habitual sentence.

State v. A.G.
Practice Area: Criminal Defense
Date: Jul 10, 2012
Outcome: Charges to be dismissed through deferred prosecution
Description:  During a contested sentencing hearing involving heroin charges, the prosecution argued that an out-of-state felony conviction was sufficiently similar to North Carolina's equivalent charge and Defendant should receive a felony heroin conviction.  Following the hearing, the Court ruled for the defense and determined that an out-of-state felony conviction was not sufficiently similar to North Carolina's equivalent and provided for the dismissal of Defendant's felony charges pursuant to deferred prosecution. 

Matter of Patel
Practice Area: Immigration
Date: May 15, 2012
Outcome: Case Dismissed
Description: Client was in immigration proceedings based on out-of-state drug charges. Mr. Heroy worked with an attorney in Alabama to vacate those charges and for the Dept. of Homeland Security to dismiss his immigration case.

U.S. v. R.O.
Practice Area: White Collar Crime
Date: Sep 20, 2011
Outcome: Motion for Variance granted
Description: In a multi-million dollar fraud indictment, the court varied from a guideline range of 46-57 months and imposed a 14 month sentence.

State v. D.S.
Practice Area: Criminal Defense
Date: Oct 01, 2010
Outcome: Hung Jury resulting in Mistrial
Description: Jury hung following a week-long drug trafficking trial in which Defendant faced consecutive mandatory drug trafficking sentences. A plea offer to a lesser charge was made following the mistrial and client received a probationary sentence.

State v. B.L.
Practice Area: Criminal Defense
Date: Jan 01, 2010
Outcome: Not guilty
Description:  Client found not guilty by juries in two separate trials, one for possession with intent to distribute cocaine and habitual felon and another for felony breaking and entering and habitual felon.

Disclaimer:  Past cases are not intended to act as a promise or guarantee of a particular outcome.