MARIJUANA POSSESSION CHARGES DISMISSED IN FEDERAL COURT

In 2009, my client was charged with possession of marijuana on Federal lands.  The government was reluctant to dismiss the charges even though the client had a medical marijuana recommendation because there was evidence that he recently used marijuana and was driving a vehicle and leaving a camp fire unattended.  Additional investigation revealed that the CHP conducted field sobriety tests and determined that the client was not under the influence, and the charges were dismissed in December 2009.   

HOME INVASION ROBBERY CASE DISMISSED

In September 2009, my client was charged with home invasion robbery with a gun.  He was facing up to 16 years in state prison.   The evidence was an eye-witness who claimed that he had met my client two days earlier and the witness was 100% certain that my client returned and committed the robbery.  My investigation of the case revealed that this was a case of mistaken identity and that the real robber was someone else who looked like my client.  Further, phone records were expected to show that my client's cell phone was more than 10 miles away when the robbery occurred.  The case was dismissed before trial. 

MOTION TO SUPPRESS EVIDENCE GRANTED IN THREE STRIKES CASE

The client had two prior strikes under California's Three Strikes Law when he was contacted by the police in possession of a firearm.  When he turned down a plea bargain of 4 years in State Prison and decided to go to trial, he was facing 25 to life.  We filed a Motion to Suppress Evidence and the case was dismissed after a judge ruled that the evidence was obtained illegally.

FELONY DUI WITH INJURY REDUCED TO MISDEMEANOR

 In September 2008, client X.X. was charged with felony DUI with injury.  It was his second DUI within 10  years.  The police claimed that the client was driving with a blood alcohol level of .10, fell asleep, and struck a parked car.  Both vehicles were totalled.  A passenger in the client’s car was injured and he was arrested for felony DUI.  We interviewed the passenger and showed that although the accident was major, his injuries were not. As a result, the case resolved for a simple 2^nd misdemeanor DUI, instead of a felony DUI or a misdemeanor DUI with injury. 

In June 2008, client J.L. was charged with three counts of assault with a deadly weapon with enhancements for causing great bodily injury and one count of brandishing a knife.  J.L. was facing 9 years in state prison and convictions for multiple “strikes” under California’s “Three Strikes Law”.  The prosecution claimed that J.L. first brandished a knife at the victim and then got into his car tried to run him over.  J.L. allegedly missed his intended victim, and struck the victim’s mother instead.  After running over the victim’s mother once, he backed up and drove over her again.  After cross-examination, the prosecution dismissed one count of assault with a deadly weapon during trial, and the jury acquitted J.L. of brandishing and one count of assault with a deadly weapon, and hung 11 to 1 for not guilty on the remaining count of assault with a deadly weapon.  A week later, the prosecution dismissed the case.

In April 2008, client J.W. was charged with assault with a firearm, making criminal threats, and being in unlawful possession with a firearm.  With the related enhancements, J.W. was facing over 18 years in state prison and convictions for multiple strikes.  The prosecution claimed that J.W. brought several friends to his girlfriend’s parent’s home, threatened the family, and that J.W. was an accessory to assault with a firearm after one of J.W.’s friends fired a gun at family members.  At trial, we were able to prove that all of the witnesses were unreliable and the jury acquitted J.W. of all of the charges.

FELONY DOMESTIC VIOLENCE REDUCED TO MISDEMEANOR

In August 2007, client E.S. was assigned to trial for felony domestic violence with a prior strike allegation.  After refusing to resolve the case initially, his offer was to plead guilty for 6 years in state prison served at 80%.  We investigated the case fully, and after fighting the case for a year and litigating and winning a number of key, pre-trial, motions, we were able to resolve it for a misdemeanor and credit for time served of approximately 10 months in jail, instead of 6 years in state prison. 

In May 2007, client B.M. was charged with his fourth adult DUI within 10 years, with it being his 5^th DUI if you include the one he received as a juvenile.  After setting the case for preliminary hearing, we were able to show the weaknesses in the case and resolved it for a wet reckless for county jail time as opposed to a felony and state prison. 

In April 2007, L.F. was charged with a felony for attempting to use a forged prescription to obtain narcotics from a pharmacy.  The prosecution claimed that the client used her own driver’s license and attempted to obtain the narcotics and left it behind when she suspected that the pharmacy employees had called the police.  The police claimed that two witnesses had picked L.F. from a photo lineup as the person who brought her I.D. in to obtain the narcotics.  At trial, we were able to show the jury that the police botched the photo lineup.  Further, after cross examination, the witnesses testified that they were uncertain whether L.F. was the suspect and the jury acquitted L.F. of the charge.

GREAT RESULT IN DRUG SALES SENTENCE AFTER PRESENTING STATEMENT IN MITIGATION 

In July 2006, the prosecution showed at trial that the client and the co-defendant sold cocaine base to an undercover police officer.  Before trial, the client’s offer was to plead guilty and receive 3 years in state prison.  Although she was convicted after a jury trial, we filed a statement in mitigation at sentencing and informed the court of the client’s rough upbringing and her real desire to turn her life around.  As a result, the client was sentenced to less than a year in the county jail and given the opportunity to participate in a residential drug rehabilitation program instead of state prison.

In January 2006, client C.B. was charged with assault with knife, indecent exposure, and vandalism.  The prosecution claimed that the client was a homeless person sleeping in a parking garage and that he became enraged when a person pulled into the parking space where he was sleeping and honked her horn at him.  The client alleged awoke, stood up while he was naked, and ended up chasing the woman through the parking garage with a knife.  After she drove away, the client used a red marker and vandalized a car.  The police found the client in an incoherent state when they arrested him.  The District Attorney's office offered prison and the client's exposure was 11 years.  At trial, we showed that the client was suffering from a mental health condition and that he didn’t assault anyone with a knife.  As a result, the client was acquitted of the felony assault with a knife, and was only convicted of the misdemeanor vandalism charge and sentenced to time served.

In July 2005, client S.H. was charged with being in possession of over 200 grams of methamphetamine for the purpose of selling it.  The police testified that during a “consent” search of the client’s hotel room, they discovered the drugs.  The offer was to plead guilty and go to prison for 2 years.  We filed a motion to suppress evidence and showed that the police actually seized the evidence in violation of the 4^th Amendment and the case was dismissed. 

In August 2004, client A.T., a parolee, was charged with misdemeanor counts of assault with force likely to commit great bodily injury, domestic violence resulting in a traumatic injury, and battery resulting in serious injury.  The prosecution claimed that the client grabbed his girlfriend, dragged her to his car, punched her, and choked her until she passed out.  At trial, we presented evidence that the alleged victim had a motive to lie because she was upset that the client broke up with her and was moving away.  Also, we presented testimony from a medical expert showing that the injuries were not consistent with what the alleged victim said happened.  As a result, the client was acquitted of all charges.  

ACQUITTAL IN ASSAULT WITH A DEADLY WEAPON CASE