Law Office of Stone Busailah, LLP

During February 2025, the Law Office of Stone Busailah, LLP, was assigned to handle the criminal representation of a CSLEA Legal Defense Plan (LDF) participant a former Department of Motor Vehcicles Licensing Registration Examiner. Michael D. Williamson was the trial attorney assigned to the case. In summary, the participant was accused of fraud, related to the alleged improper use of paid time off based on an allegation that the participant made false claims and submitted forged documents.

The participant was approached by a peace officer investigator for the state, and was interviewed in detail without realizing that (1) the participant need not submit to a criminal interview, (2) and that the participant had the right to a lawyer prior to and while participating in a criminal interview. 

Prior to the criminal case commencement of any criminal court proceeding, the participant participated in an administrative law hearing, wherein a State Administrative Law Judge (ALJ) unequivocally ruled in the participant’s favor finding no merit to any fraud claim made by the State.

Undaunted, the State filed charges against the participant based on the interview and an assortment of documents. Ultimately, the participant was arrested in public, handcuffed and held in custody for a period of time. The participant appeared in court with Michael Williamson and entered Not Guilty pleas to multiple felony counts of fraud related crimes, all of which were a virtual mirror of the previously litigated administrative charges. Thereafter the matter proceeded slowly through preliminary hearing, followed by motions to dismiss filed by Mr. Williamson.

In summary, among other issues, the motions filed by Mr. Williamson asserted that the case was previously litigated and adjudicated by the same/similar participants, the charges were essentially the same, the facts were the same, the witnesses and evidence were the same, therefore, the criminal case was barred, pursuant to the doctrine of collateral estoppel, also known as issue preclusion, which is a legal doctrine that prevents a party from relitigating an issue that has already been decided in a previous court case. 

Ultimately attorney Stephen Chulak, stepped in, more than once, appeared in court and ultimately and successfully argued the motions.

The take-away is this: Never submit to a criminal interview, especially without knowing the charges and without an attorney. A criminal interview does not trigger your right to an employee representative, insist that you have a lawyer. If you are criminally charged, always obtain a competent lawyer and proceed with a defense that leaves no stone unturned.