Case Results of Dan Allan & Associates

The lawyers with the Law Office of Dan Allan & Associates have been practicing law in Alaska for a combined total of more than 60 years. While past performance is no guarantee of future results, we have a strong track record with many successful case results. For example:

In a case that went to the Alaska Supreme Court, this law firm's efforts saved more than $1,000,000 for the lessee in a contract dispute between the lessee of a commercial building and the lessor, who failed to disclose significant structural defects at the time of lease.

In a divorce case this law firm was successful in collecting a judgment in excess of $400,000 for a client against a former spouse who attempted to avoid the obligation for spousal support and property division.

In several disputed custody cases, this law firm has secured the return of several children taken out of state by non-custodial parents who failed to return the children voluntarily.

In a recent case an attorney with this law firm preserved valuable business and other assets for the client in a biller divorce court battle.

This law firm has also been successful in numerous cases in establishing that our client has a marital interest in the spouse's lucrative business and, therefore, shared its value.

In a criminal case involving $100,000 in punitive restitution, a lawyer with this law firm was successful in getting the case dismissed by getting all the state's evidence suppressed, (i.e., thrown out), including the client's confession.

In a criminal case that went first to the Alaska Court of Appeals and then the Alaska Supreme Court, a lawyer in this law firm helped to establish the defense of "outrageous government conduct" as a legal defense in this state.

In a felony DUI case that went to the Alaska Court of Appeals, a lawyer with this law firm secured the reversal of a felony conviction, citing 22 points of error committed by the Superior Court.

In a felony OUI (operating under the influence case - many Alaskans don't know that you can be charged with the equivalent of DUI by simply parking and sitting in your car if you have drunk any alcohol), a lawyer with this law firm caused the Judge to rule a mistrial when the jury couldn't unanimously convict a person who was not the only person in the vehicle and who did not have possession of the keys.

Lawyers with this law office successfully saved a person's career and pension by fighting a felony domestic violence assault for more than three years. This case not only involved a jury trial where the client was unanimously acquitted by the jury, but also an appeal (Petition For Review) while the case was pending to permit the client and the alleged victim (the spouse) to have contact including establishing that D/V assault defendants can sometimes go home if they're not a risk.

This law firm has won many DUI cases and DMV administrative hearings, thus restoring the client's driving privilege. In a recent case the lawyer discovered that the police failed to permit the client (after the arrest) to contact a relative for purposes of discussing his rights. Both the DUI case was dismissed and the DMV hearing officer's decision was reversed, thus restoring the driving privileges of the client.

This law firm has been successful in DUI cases in applying the Alaska defense of "Necessity". In one case, in an attempt to avoid a spouse's assaultive behavior, an inebriated client tried to drive away to seek assistance. A police officer immediately arrived and the client reported the justification for driving (i.e., to avoid an equal or more serious crime than DUD; but, the overzealous cop arrested the client. This client was unanimously acquitted by the jury, albeit he blew over the legal limit.

In another DUI case, a lawyer with this law firm was able to show the arresting cop was mistaken about certain facts leading to the stop and arrest and the jury unanimously acquitted the defendant, albeit he blew well over the legal limit.

Many times this law firm has been successful in suppressing, by use of pre-trial motions, evidence such as breath test results in DUI cases. Reasons usually have to do with the lawyer developing resources to show the arresting cop lacked "reasonable suspicion" for an investigatory stop and/or "probable cause" for the arrest.

Lawyers with this office have been successful many times in winning acquittals or dismissals in domestic and family violence cases, particularly where there was mutual combat or the alleged "victim" was the first aggressor.

A lawyer with this law firm has been successful in representing buyers of defective homes against sellers who fail to disclose structural defects at time of sale.

Lawyers with this law firm have been successful in obtaining Supreme Court of Alaska reversals of lower court decisions, regarding property divisions in divorce cases, as well as securing affirmation of property divisions in other cases; including domestic partnership cases, e.g., the parties never married, but own real property together, or claim to).

A lawyer in this law firm secured acquittal in jury trials in numerous cases of clients falsely accused of wanton waste of game animals and other fish & game related criminal eases.

Where a hunter brought only 23 pounds of dall sheep meat out of the mountains and was charged with wanton waste, a lawyer with this law firm was successful in securing acquittal of the hunter after a jury trial.

In another fish and game criminal case a lawyer with this law office secured a jury acquittal of a hunter charged with taking an undersized black bear.

Numerous other jury acquittals have been accomplished in other fish and game criminal cases, defense of hunters accused of using airplanes, taking protected species, wanton waste and hunting in prohibited areas.

Case 1:

The driver of a pick-up towing a snow machine trailer was stopped for being a "suspicious vehicle" in a high-crime area. He had a breath alcohol level 2 '/2 times the legal limit and was charged with DUI. He had prior DUIs and a commercial driver's license. We contested the stop and won the evidentiary hearing. His case was dismissed.

Case 2:
A driver was stopped for driving over a curb as he was exiting a bar parking lot. He was arrested for DUI and provided a breath sample of .080 (exactly the legal limit). Because he had two guns in his vehicle, he was charged with misconduct involving weapons and because he was vaguely threatening to the arresting officer, he was also charged with harassment. We moved to suppress the results of the breath test because the officer did not allow the driver sufficient time to contact an attorney. His case was dismissed.

Case 3:
A driver was stopped for speeding, failed field sobriety tests, and charged with DUI after providing a breath sample of 1 1/2 times the legal limit. We successfully suppressed the result of his breath test because the arresting officer failed to give the driver enough time to decide whether he wanted to get a blood test. His case was dismissed.

Case 4:
A woman got into a verbal altercation with her husband after an evening out. When he tried to restrain her from leaving the situation, she hit him several times with a high heeled shoe resulting in scratches to his hand. Because he had an injury, she was arrested for domestic violence assault. She was on probation for a recent DUI and was facing considerable jail time. After presenting her case to the prosecutor in a favorable light, her case was dismissed.

Case 5:
A driver was stopped for speeding and erratic driving. He was ultimately arrested for DUI and charged with a felony because he had several prior out-of-state DUI convictions. Because he also had other felony convictions, he was facing three to five years in prison. We contested several of his prior convictions as inconsistent with Alaska law, and he was ultimately sentenced on a second DUI, serving just 20 days on ankle monitoring (house arrest).

Successfully fought for dismissal of alcohol importation charges for Rural Alaskan client by challenging lawfulness of warrant obtained by state trooper to search client's luggage at airport.

Successfully obtained writ of assistance for out-of-state client to enforce custody order by returning client's son to her from father in Alaska who was allowing son to stay in defiance of court.

Successful in multiple cases at both defending and prosecuting Domestic Violence long- term protective orders. Has had good success with negotiating the dismissal of petitions for protective orders with opposing parties through mutual civil no-contact agreements- this has protected multiple client's rights to possess firearms and keep their Alaskan privilege to subsistence hunting.

Successfully negotiated reduced charges in felony cases to misdemeanor convictions using creative plea bargain agreements by encouraging the client to take a proactive approach to resolving his or her case, and impressing the district attorney and judge with their responsible initiative.

Successful aggressive DUI defense to secure plea otters to reduced charges, such as reckless driving, negligent or careless driving, and disorderly conduct.

Experienced in arguing appeals before the Supreme Court of Alaska.

Excellent cooperative working relationship with Anchorage prosecutors gained from summer internship in Municipal prosecutor's office This has given me a unique and versatile perspective into the plea negotiation process, which is very beneficial to clients.

Experienced with representing clients in rural community courts throughout the state, such as Barrow, King Cove. Craig, Unalaska, Nome, Kotzebue, Bethel, and Sand Point.

*Past performance is no guarantee of future results.