Successful Results for Our Clients
We are proud of our successful results. Our goal at Lustick, Kaiman & Madrone is to make a positive difference in our clients’ lives through compassionate, effective, and hassle-free legal representation. We are proud of our results, many of which are listed below. Past performance is no guarantee of future results. However, we do constantly strive to achieve the very best outcome for every client.
Choosing a law firm is not easy and finding the right law firm for you is vital to the successful outcome of your case. To learn more about what Lustick, Kaiman & Madrone can do for you, give us a call at 360.685.4221. If you would like to meet with us to discuss your case, please feel free to contact our support team staff at (360) 685-4221 or you can access our free case evaluation form here.
Pilot Charged with Misdemeanor for Unlawful LandingA commercial and instrument rated pilot was charged in U.S. District Court a misdemeanor for making an unlawful landing on a lake in a National Forest Preserve. Before charges were filed, the pilot was surreptitiously interviewed by Forest Service Police. The police saw a YouTube video which the pilot allegedly posted showing his float plane landing on a back country lake in the forest preserve. Before trial, we enhanced the video and noticed that half way through the video, the floatplane’s altimeter could be seen and it indicated a much lower elevation than that of the lake. Based on this, the court dismissed the charge.
Pilot Accused of Hazarding Aircraft and PassengersAn experienced ATP, commercial, and instrument-rated pilot (Part 135) was accused of hazarding his aircraft and passengers by flying an air taxi Cessna 172 in known icing conditions. Using surveillance at a local airport, FAA inspectors took video of the pilot allegedly flying into rain when the air temperature was allegedly conducive to icing. The pilot was facing a 90-day suspension of his ATP, a 30-day suspension of his commercial license, and a fine. However, by using NOAA weather data from six local airports showing that the temperature and the dew points were not supporting of icing in the area, we were able to get the FAA to dismiss the allegations during an informal conference with FAA regional legal counsel.
Pilot Investigated and Charged with Negligent OperationAn experienced bush pilot made a forced landing on a high mountain slope while attempting to air drop emergency supplies to stranded snowmobilers. The pilot was not injured; however his aircraft was totally destroyed. The pilot was immediately investigated by the NTSB and the FAA for negligent operation of his aircraft and was facing a potential 30-day suspension of his private pilot’s license and a fine. After assisting the pilot with his detailed responses to questions from the agencies, the pilot received no sanction whatsoever and was not even requested to take an FAA check ride.
Novice Pilot Ordered to Pay Civil PenaltyA novice private pilot was ordered to pay a civil penalty of $5,000.00 by the Department of Homeland Security for returning from Canada over forty-five minutes later than his declared arrival time on his flight plan. By using weather data from NAV Canada, we proved that the pilot’s delay was due purely to bad weather along the pilot’s route of travel, and was not due to the pilot’s negligence or inexperience. Based on this, Homeland Security dropped the penalty.
Pilot of Sightseeing Helicopter Accused of Violating a Presidential TFRThe pilot of a sightseeing helicopter was accused of violating a Presidential TFR (temporary flight restriction) by flying over a downtown area while the Vice-President was in town. Through negotiating with the FAA regional counsel, the alleged violation was dropped when it was shown that the pilot had actually complied with all of the published requirements of the TFR.
Full Acquittal After TrialA Naval aviator in the grade of Lieutenant (O-3) was represented in a fully litigated General Court-Martial with officer members on two counts of wrongful sexual assault and one count of conduct unbecoming an officer. The case included DNA evidence and expert witnesses. After a three-day trial, client received a full acquittal and was returned to his duties.
19-Year Career Saved After Positive Drug TestA Navy Petty Officer (E-6) tested positive for marijuana use at 30 nanograms and was reduced at a Captain’s Mast. He was subsequently processed in an administrative separation action seeking a UOTHC discharge from the Navy. At a board hearing, we raised defenses of “innocent ingestion” and presented testimony from a medical doctor who was a drug testing expert. After a fully litigated board hearing, the board members unanimously found (3 to 0) that no misconduct occurred, and the sailor was retained at the board. This resulted in saving the sailor’s career, saving his pension, allowing him to keep his AD and retirement TRICARE; and his other post-retirement benefits.
Full Acquittal After TrialA Navy Petty Officer 2nd Class (E-5) was cleared of all charges after a fully litigated four-day long General Court-Martial that included DNA evidence. The officer members of the jury full acquitted the client on one count of rape and one count of false official statement.
Charges Dismissed After Article 32 Hearing.A Navy Petty Officer 1st Class (E-6) was was cleared of all charges after a one-day litigated Article 32 Investigation Hearing concerning two counts of rape and false official statement. Thereafter, the charges were dismissed. The sailor was assigned to the aircraft carrier USS Nimitz and the hearing was held at Naval Station Kitsap in Bremerton, WA.
Article 15/NJP DismissedAn Air National Guard Senior Master Sergeant (E-8) facing punishment under Article 15, UCMJ for travel voucher fraud and false official statement, had his NJP dismissed after a successful pre-findings presentation to the member's commanding officer. Had the client been found guilty, he could have been reduced in grade and potentially discharged.
Win At a Discharge BoardNavy Petty Officer 2nd Class (E-5) was returned to duty after the law firm's litigation before a Navy Board of Inquiry secured her a retention on charges that she had wrongfully abused alcohol.
DUI | Bellingham, Whatcom, WA
Serious DUI Charge DismissedOur client was in a car accident on a federal reservation and she later blew 0.20 on a breathalyzer test. She had a prior DUI and was facing a year in federal jail. However, we noticed serious flaws in the breath testing process and inconsistencies in the police reports. After finding this evidence, the federal prosecutor dismissed the case.
DUI Dismissed in Federal Court in Bellingham, WA.A man driving up to the entry gate at Naval Station Everett, WA was apprehended for investigation of driving under the influence (DUI). After failing field sobriety tests, he was arrested and submitted to a DataMaster breathalyzer test. The test result indicated a very high result, 0.189, however, records indicated the machine was not properly calibrated. After our lawyers exposed this issue, the charge was dismissed by the Special Assistant U.S. Attorney. Case decided in April 2016.
Criminal Defense | Bellingham, Whatcom, WA
Full Acquittal After TrialA man was charged with two counts of rape second degree. At trial, we proved that the woman’s account of what happened was inconsistent and the client was found not guilty by the 12-person jury on both counts.
Charges Not Filed When Self Defense Was ProvenA woman was arrested for assault first degree with a deadly weapon and false imprisonment for pointing a loaded handgun at her ex-boyfriend. The ex-boyfriend had violently broken into her home, but she was the one who got arrested. After documenting the ex-boyfriend’s actions and his history of violence against the client, no criminal charges were filed against the client. Then we secured a domestic violence anti-harassment order against the ex-boyfriend.
Client Acquitted by Jury After Trial on Serious Assault ChargesClient and his ex-girlfriend were driving down a country road when they got into a verbal argument. At some point, the client, who was driving, punched the ex-girlfriend in the face, fracturing her orbital bone. The client was charged with assault in the second degree-DV; however, at trial we proved that the ex-girl had grabbed the wheel of the car and punched the client in his lower extremities. The jury found the client not guilty of the assault because he punched her in self-defense.
Serious Felony Charge Reduced to an InfractionA 16 year old juvenile, who was at the time, an unlicensed driver, was charged with vehicular assault. The driver was tugging his skateboarding friend with the car when the friend fell off the skateboard and was hit by the car. We were able to get the prosecutor to consider our client's legal defenses to the assault charge, and ultimately convinced the prosecutor to reduce the serious felony charge to a minor traffic infraction.
Client Found Not Guilty of Attempted Murder At TrialClient was escorting his girlfriend home late at night. They lived in an apartment complex. An intoxicated man, who was also an acquaintance of the couple, came up to them and was making lewd comments about the girl-friend. The man also threatened to shoot the boyfriend and then immediately reached into his coat. The client pulled out a kitchen knife and stabbed the man three times in the neck. The man was rushed to the hospital and almost died. The client initially fled the county. After a year on the run, the client returned and then hired us to take his case and get his bench warrant for his arrest quashed. At trial, the 12-person jury found the client not guilty on the basis of self-defense.
Federal Criminal Defense
Federal Racketeering Charges DismissedWe represented the president of a motorcycle club who was charged in a 35-count RICO indictment with attempted murder, arson, and witness tampering. The client faced a two possible to life sentences. The case was ultimately resolved with the client being allowed to plead to one minor conspiracy count and he received credit for time already served and three years of probation. The client also avoided forfeitures of business and personal property and retained the right to be an active member of the motorcycle club.
Acquittal After Bench TrialOur client was a 72-year-old grandmother who was accused of stealing 12 child DVDs from the Naval Exchange. After a bench trial, the client was acquitted of all charges.