Recent case results by Shouse Law Group

Felony vehicle registration fraud reduced to infraction 

People vs. DL (Los Angeles Superior Court, Airport, 2016) 

Our client was arrested on felony charges for displaying fabricated and false registration stickers on his license plate. The prosecutor then filed the case as a misdemeanor and we negotiated a plea bargain under which our client was charged with a simple infraction only (no criminal record). 

Second public intoxication offense dismissed 

People vs. YS (Los Angeles Superior Court, Long Beach, 2016) 

Our client had a prior conviction for public intoxication under California Penal Code 647(f) PC. When our client was again arrested for violating the same statute, the prosecutor sought jail time, but we turned down a plea offer. After the case was set for jury trial, we got the prosecutor to offer a diversion. The case was dismissed without our client being convicted. 

Felony domestic violence charges rejected               

Arrest of CS (Los Angeles Superior Court, Airport, 2016) 

Our client was assaulted and battered by his significant other, who called the police and accused our client of assault and battery, resulting in his arrest. We took steps to preserve video footage and the location where the incident happened. As a result, we were able to advocate successfully with the Los Angeles County Sheriff and District Attorney, who then rejected the case. 

Community service for traffic collision with .31 BAC

People vs. SH (Los Angeles Superior Court, Airport, 2015) 

Our Client caused a traffic collision and blew a .31% (nearly 4 times the legal limit) on a DUI breath test. The LA City Attorney charged our client with DUI and sought a 30-day jail sentence. We were able to negotiate a successful plea bargain, however, under which our client did alcohol education and community service and received no jail time. 

Charges of molesting a child rejected 

Arrest of JJ (Los Angeles Superior Court, Airport, 2016) 

Our client initiated a conversation with a minor female he mistakenly believed to be an adult.  After a hasty investigation. the police arrested him and he was charged with annoying or molesting a minor under California Penal Code 647.6 PC. We presented our client's side of the story to the detective and the case was dropped with no charges filed.  

No jail time for DUI and chemical test refusal 

People vs. NB (Los Angeles Superior Court, Long Beach, 2016) 

Our client was arrested for DUI and speeding over 100 mph while her license was on DUI suspension.  She refused a chemical test and was charged with a second DUI, a chemical test refusal, driving on a suspended license, and reckless speeding.  After she failed to show in court, the prosecutor sought a lengthy jail sentence. Our client hired us and we negotiated a plea bargain under which the traffic and suspended license charges were dismissed. We were also to obtain a restricted driver's license for our client which allowed her to driver to work and to shop for groceries for her family.  

Driver's license restored after seizures 

DMV Matter of EB (Department of Motor Vehicles, El Segundo Driver Safety Office, 2016) 

Our client has a complex seizure disorder that was successfully controlled by medication for many years. As a result of overwork, exhaustion, and stress, however, he suffered an irregular seizure and lost consciousness. His doctor notified the DMV, which revoked our client's driver's license. We were able to prove at our client's DMV hearing that the seizure was an isolated event and that with a change of medication, our client could drive safely. The DMV restored our client's license and he is once again able to drive. 

“Not guilty” verdict for domestic violence 

People v. FS (Los Angeles Superior Court, Long Beach, 2016) 

Our client was assaulted by his intoxicated girlfriend, who trashed their hotel room and inflicted minor injuries on herself in the process. Hotel staff called the police. The cops saw the woman's injuries and arrested our client for California Penal Code 273.5, domestic battery causing injury. Our client refused a plea bargain and we took the case to trial, where we won a “not guilty” verdict on all charges. The case was dismissed.

Solicitation of prostitution set for dismissal

People v. H.F. (Los Angeles Superior Court, Pomona, 2016)

Our client was working on becoming an American citizen when he was charged with solicitation of prostitution. After three appearances on his behalf, we were able – over objection of the prosecutor – to get the judge to dismiss the case (scheduled for early 2017).

Third strike sentence of 25-life averted

People v. B.M. (Orange County, Central Justice Center., Santa Ana, 2016)

Our client was charged with the misdemeanor crime of indecent exposure. Because he had two prior strikes on his criminal record, however, he was looking at a sentence of 25 years to life in California state prison. The case against him was a strong one, with multiple witnesses, video, DNA evidence and an admission. After a great deal of legwork and research, we were able to get the strikes against him removed. That enabled us to enter into negotiations with the judge, which resulted in a sentence of just two years, with the possibility of parole after one.

High BAC DUI charges dismissed

People v. D.R. (San Bernardino Superior Court, Rancho Cucamonga, 2016)

Several years ago, our client was charged with his 2nd DUI during a ten-year period. His DUI chemical test showed a BAC of .21%, almost three times the legal limit. Despite the test, we were able to negotiate the charges down to a dry reckless. As a result, when he got arrested on a new DUI this year, it was charged as a first offense. After we prevailed on a motion to suppress the evidence of his breath test results on the new charges (which showed a BAC of .14%), the case against him was dismissed.

No prison for alleged lewd conduct with minor

People v. C.M. (Orange County Superior Court, Harbor Justice Center Newport Beach, 2016)

Our client was charged with lewd conduct with a 13 year-old. He faced several years in California state prison as well as lifetime registration as a sex offender. After presenting favorable evidence to the prosecutor, we were able to work out a plea deal that allowed our client to plead to statutory rape with no prison time or sex offender registration required.

No prison time in child sex case

People v. D.A. (Orange County Superior Ct., West Justice Center, Fullerton, 2016)

Our client was charged with several felony counts, including lewd acts on a child and furnishing marijuana to a minor. He was facing a long prison sentence and lifelong registration as a sex offender. He would also have had to move out of his home because a minor child lives there. We negotiated a plea agreement to one count of statutory rape with no prison time and the requirement that he register as a sex offender during his 5-year probation period only.

 

No jail time for DUI while on DUI probation

People v. A.K. (San Bernardino Superior Ct., Rancho Cucamonga, 2016)

While on probation for his first DUI, our client was arrested for an alleged second DUI. He refused to submit to a chemical test and a forced blood draw showed BAC of .12%. After we filed a motion to suppress the blood test evidence, the DA agreed to let our client plead to a reckless driving with community labor only (no jail time).

Felony ADW and child abuse charges dismissed

People v. T.G. (San Bernardino Superior Ct., Rancho Cucamonga, 2016)

Our client was looking at a long prison sentence after being charged with felony assault with a deadly weapon and felony child abuse. We negotiated a plea bargain that would have allowed him to plead to one count of misdemeanor assault with dismissal of all other charges and 120 days of jail time, which he would be permitted to serve via electronic monitoring. Our client chose, however, to go to trial, where we fought the charges and got them dismissed.

DUI dismissal based on violation of constitutional rights

People v. R.S. (Los Angeles Superior Court, West Covina, 2016)

Our client was charged with DUI after a traffic stop. His blood test showed a blood alcohol concentration (BAC) of .20%, over twice the legal limit. We brought a Serna motion on his behalf, arguing that our client's constitutional right to a speedy trial had been violated. The judge agreed and dismissed the case.

Dismissal of charges of supplying alcohol to a minor

People v. K.S. and J.O. (Orange County Superior Ct., West Justice Center, Fullerton, 2016)

Our clients were charged with supplying alcohol to a minor. We negotiated a plea agreement under which the charges were dismissed in exchange for them completing a 6-hour education class and providing a DNA sample. Neither served any jail time.

Petty theft charges dismissed

People v. D.O. (Los Angeles Superior Court, West Covina, 2016)

Our client, a struggling new mother, was charged with petty theft. We negotiated a plea under which she performed a couple of days of community service and paid a fee in exchange for a complete dismissal of the charges.

Harassment charges dismissed

People v. K.L. (Los Angeles Superior Court, Pomona, 2016)

Despite the prosecutor's objections, we were able to negotiate a successful plea agreement with the court for our client who had been accused of making harassing phone calls. After performing a few days of community labor and paying a small fee, the charges against our client were dismissed in full.

No license suspension for DUI while on DUI probation

DMV v. J.G. (CA DMV and L.A. Superior Ct., West Covina, 2016)

After a traffic stop, our client was charged with DUI, refusal to take a chemical test, and assault on a police officer. A forced blood draw showed the client's BAC at .18%, over twice the legal limit. The client had several probation violations on his record and was looking at a 2-year revocation of his driving privilege, which would have cost him his job. We prevailed at his DMV hearing and in his criminal case were able to prevail on a motion to suppress the evidence. (That motion is currently being appealed by the District Attorney's office).

No license suspension on DUI charges after accident

People v. A.L. (CA DMV and Los Angeles Superior Court, El Monte, 2016)

After a car accident, our client was arrested for DUI. Evidentiary breath tests showed a blood alcohol concentration (BAC) of .10%. With the assistance of an expert witness, we prevailed at the client's DMV license suspension hearing. Shortly afterward, the DA agreed to let her plead to a lesser charge with no suspension of her driver's license.

Battery charges dismissed

People v. RL (Los Angeles Superior Court, El Monte, 2016)

Our client was charged with battery on an elder after being accused of pushing his elderly neighbor while she was gardening. After we pointed out inconsistent statements by the complaining witness and how her injuries in photographs did not line up with her version of the events, the DA's office dismissed all charges and apologized to the client for the prosecution.

Petty theft charges dismissed

People v. AD (Los Angeles Superior Court, East Los Angeles, 2016)

Our client was accused of stealing over $200 worth of merchandise from a department store. We negotiated a pre-plea deal that allowed our client to do four days of community labor in exchange for a complete dismissal of the charges.

Domestic violence case diverted / restraining order denied

People v. YR (Los Angeles Superior Court, Criminal Courts Building Branch and Stanley Mosk Courthouse, 2016)

The father of our client's child accused our client of domestic violence. The charge resulted from the child's father pouring hot water on our client while her infant child was in her arms. Our client was at risk of both significant jail time and the loss of sole custody of her child. However, we successfully diverted prosecution of the criminal charges to an informal office hearing and got the restraining order case thrown out by the family law court judge.

Solicitation of prostitution charges dismissed

People v. CC (Los Angeles Superior Court, Criminal Courts Building Branch, 2016)

Our client was charged with Solicitation of Prostitution in violation of Penal Code 647 (b) PC. We were able to negotiate a plea deal under which our client agreed to take an HIV test and complete an education course in exchange for dismissal of the charges.

Client "not guilty" in “Dancing Penis” Case

People v. DE (San Diego County Superior Court, El Cajon Courthouse, 2016)

Our client was charged with California indecent exposure and offered prison time. Despite a prior conviction for indecent exposure, our client maintained his innocence and we believed him. The jury knew about his prior conviction. Nevertheless, after a week-long trial and only a few short hours of deliberation, the jury came back with a verdict of not guilty. The case was dismissed.

Blood test excluded in DUI murder case

People v. J.F. (Riverside County, Southwest Justice Center, 2016)

Our client was charged with a second degree "Watson Murder" based on DUI. At the preliminary hearing our office challenged the constitutionality of the blood draw. The Judge agreed that our client's blood had been obtained without a warrant or the client's consent and the illegally obtained blood evidence was suppressed.

Juvenile criminal threat case dismissed

In the Matter of C.M. (San Bernardino County Juvenile Court, Match 2016)

Our client was expelled and arrested for allegedly making criminal threats against a classmate. After we negotiated with the prosecutor, the charges were dismissed.

Sexual battery charges dismissed

People v. D.R. (LAPD, March 2016)

Our client was being investigated for sexual battery. But after our attorneys presented the LAPD with our client's side of the story and supporting evidence, both the D.A. and the police detective in charge rejected the case.

 

Successful challenge to DUI breath test

DMV v. AA (EL Segundo DMV hearing, 2016)

Our underage client was arrested after two preliminary breath tests showed blood alcohol content reading of 0.26 and 0.18%, well above the legal limit of .01% for drivers under age 21. We challenged the validity of the results based on violations of proper California breath testing procedures. The client's DMV action was set aside and she retained her driver's license rather than losing it for a year.

 

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