Robert G. Rubin – Criminal Defense Notable Cases:
Murder / Homicide / Aggravated Assault

State v. John Doe (2019)

Defense Counsel:

Charges: Murder/Homicide/Aggravated Assault

Prosecution's Case:

Mr. Doe was indicted for vehicular homicide in the second degree. He was riding a motorcycle in his neighborhood with his father on the back seat. He lost control of the motorcycle and hit a parked car. His father was killed in the accident and Mr. Doe was charged with driving too fast for conditions and driving on the wrong side of the road, thus causing the death of his father.

Defense and Outcome:

Counsel was retained and immediately went to the neighborhood where the accident occurred in order to interview witnesses. Only one witness saw the actual accident and that witness could not determine who was actually driving the motorcycle. The accident reconstruction report by the police revealed that the police did not conduct their investigation until two months after the accident, thus losing any evidence that would have shown speed or other factors possibly causing the accident. However, it was evident that the police calculation of speed was based on calculations using cars, not motorcycles and was thus invalid. Counsel hired an accident reconstruction expert who was able to determine multiple alternative explanations for the accident, and found critical flaws in the state’s case. Counsel shared his investigation results with the prosecutor, including the fact that the victim/father had cocaine in his system. The prosecutor dismissed the case prior to trial.

State v. John Doe (2008)

Defense Counsel:

Charges: Family Violence Battery

Prosecution's Case:

The Defendant's wife accused the Defendant of holding her down and hitting her during an argument. The wife had bruises all over her body.

Defense and Outcome:

The defense was able to show that the Defendant's wife was actually the aggressor, and that it was the Defendant who called 911. After a three day jury trial the Defendant was foudn not guilty.

State v. Jane Doe (2007)

Defense Counsel:

Charges: Aggravated Assault, Aggravated Battery

Prosecution's Case:

The Defendant and her husband got into an argument with an acquaintance. The Defendant's husband stabbed the alleged victim while the Defendant pepper sprayed him. The alleged victim almost bled to death en route to the hospital.

Defense and Outcome:

Defense investigation revealed that the alleged victim was a petty crook and bully who was much larger than the Defendant's husband. During the scuffle between the alleged victim and the Defendant's husband the Defendant feared for her husband's life and pepper sprayed the alleged victim to stop the fight. After an 8 day trial the Defendant was found not guilty on all counts.

State v. Jane Doe (1996)

Defense Counsel:

Charges: Murder, Felony Murder

Prosecution's Case:

The Defendant shot and killed two people who had come to her door unarmed to retrieve their television set. One of the victim's daughter testified that the shooting was unjustified.

Defense and Outcome:

The defense presented evidence that the alleged victims initiated the altercation, and that they had numerous prior incidents of violence. The investigation showed that the Defendant was protecting herself and her 3 year old twin sons when she pulled out her gun and began firing. After a four day trial, the Defendant was found not guilty and walked out of the courtroom after spending over one year in the Fulton County Jail awaiting trial.