PROBATION AND NO JAIL TIME FOR STUDENT LOAN FRAUD
In 2012, the client was charged with student loan fraud. The initial offers had always included federal prison. After working the case over a 4-year period, the client accepted an offer of probation and no jail time in 2016.
TIME SERVED SENTENCE OF 1-DAY IN CULTIVATION OF 1000 OR MORE MARIJUANA PLANTS IN FEDERAL COURT
In 2011, a client was charged with growing 1000 or more marijuana plants in a house. In 2013, after showing the prosecutors and the judge that a young client completely changed his life for the better, the prosecutors offered a plea agreement that allowed the judge to sentence the client to time-served for the one day he spent in custody.
HOME INVASION ROBBERY CHARGES DISMISSED AT PRELIMINARY HEARING
Three men rented a room at a local motel. Six suspects kicked in the motel room door and robbed the occupants. Several hours later, a client was rounded up who generally matched the description of the suspects. Two of the victims identified the client at a field show-up. The client entered a not guilty plea and demanded a preliminary hearing. Defense cross-examination of the victims revealed that their identifications were unreliable and the court dismissed the charges.
DOMESTIC VIOLENCE AND ASSAULT WITH DEADLY WEAPONS CHARGES DISMISSED
In June 2010, a client was charged with injurying his ex-girlfriend and assaulting her new boyfriend with a pipe, causing broken ribs. A defense background investigation of the complaining witnesses revealed that they would not make credible witnesses and that the allegations they made were false. As a result, the charges against the client were dismissed.
MARIJUANA POSSESSION CHARGES DISMISSED IN FEDERAL COURT
In 2009, a 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 of that year.
HOME INVASION ROBBERY CASE DISMISSED
In September 2009, a 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 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 2nd misdemeanor DUI, instead of a felony DUI or a misdemeanor DUI with injury.
ACQUITTAL IN ASSAULT WITH DEADLY WEAPON CASE INVOLVING A VEHICLE, RESULTING IN DISMISSAL OF CASE
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 vehicle and tried to run him over. J.L. allegedly missed his intended victim and struck the victim’s mother instead. Then, 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. The jury hung 11-to-1 for a not guilty verdict on the remaining count of assault with a deadly weapon. A week later, the prosecution dismissed the case.
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 with credit for time served of approximately 10 months in jail, instead of 6 years in state prison.
FIFTH DUI REDUCED TO MISDEMEANOR
In May 2007, client B.M. was charged with his fourth adult DUI within 10 years, being his 5th 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.
ACQUITTAL IN ATTEMPTING TO USE A FORGED PRESCRIPTION TO OBTAIN NARCOTICS CASE
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, attempting 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 her of the charge.
GREAT RESULT IN DRUG SALES SENTENCE AFTER PRESENTING STATEMENT IN MITIGATION
In July 2006, the prosecution showed at trial that a client and 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 she was given the opportunity to participate in a residential drug rehabilitation program instead of state prison.
ACQUITTAL IN ASSAULT WITH A KNIFE CASE WITH A PRIOR STRIKE ALLEGATION
In January 2006, client C.B. was charged with assault with knife, indecent exposure, and vandalism. The prosecution claimed that C.B. 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 allegedly 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 did not 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. He was sentenced to time served.
MOTION TO SUPPRESS EVIDENCE GRANTED IN FELONY POSSESSION OF DRUGS FOR SALES CASE
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 seized the evidence in violation of the 4th Amendment. The case was dismissed.
PAROLEE ACQUITTED OF DOMESTIC VIOLENCE CHARGES
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
In June 2004, client F.H. was accused of committing a misdemeanor assault with a deadly weapon. The prosecution claimed that the client was upset with his boss after being fired and struck him with a one gallon can of automotive paint during a fight witnessed by three other employees. The prosecution called the alleged victim and three other employees. At trial, we showed that everyone of the prosecution’s witnesses had a different, unbelievable, story about how the fight happened. Ultimately, we showed that the client, a former marine with no criminal history, did not assault his former boss with a weapon and that he simply fought back in self-defense. The jury acquitted the client of all charges.
MOTION TO SUPPRESS EVIDENCE GRANTED IN DUI
In July 2003, client R.F. was driving down the street when an officer, who knew R.F. for years, saw him driving. The officer had checked the client's driving record several months earlier and learned that his driver's license was suspended because of a past DUI. The officer pulled the client over and arrested him for DUI. We filed a motion to suppress evidence and showed that the detention was unlawful because it was based on information that was several months old. The court suppressed the evidence, and the case was dismissed.
Disclaimer: This does not constitute a guarantee or warranty of the outcome of your case. Avoid any attorney who claims an ability to predict the outcome of your case.