DUI defendant granted diversion
People v. Nicholas H. (Santa Barbara, 2019)
Client granted diversion under PC 1001.36 on DUI with BAC of .21%.
Driver’s license saved
Esther P. v. Director of Department of Motor Vehicles (Orange County, 2019)
Attorney General agreed to set aside 2-year driver’s license suspension in exchange for dismissal of petition for writ of mandamus.
DUI dismissed
People v. Hunter B. (Sonoma County, 2019)
DUI dismissed after convincing prosecutor that drugs in client’s system were injected as a sedative by paramedics responding to scene of accident.
Solicitation of prostitution charges dismissed
People v CD (Los Angeles Superior Court, Pomona, 2018)
Our client was charged with solicitation of prostitution. Because certain judges will deny diversion on these cases, we had to strategically get the case away from the judge it was assigned to. Also, the client had felony priors that disqualified him for diversion. We were able to get it to a judge that we believed would grant the diversion. The court ultimately granted diversion and later dismissed the case over DA’s objection.
Prevented “lewd conduct in public” charges from being filed
People v. MH (Clara Shortridge Foltz Criminal Justice Center, 2018)
Our client was arrested for lewd conduct in a public bathroom for allegedly soliciting sexual contact with an undercover officer. We intervened with the DA prior to the filing of charges and subsequently had prosecutor agree to decline to file charges on the client after informal office hearing.
The charge of lying to a police officer dismissed
People v. SK (Orange County Sup. Ct., Harbor Justice Center, 2018)
Our client was driving with no insurance and no plates on his vehicle. He was pulled over and gave a false name to the police. Eventually, he told the officer his real name. The officer then arrested him for the vehicle violations and for making a false representation to a police officer.
The D.A. wanted our client to provide a DNA sample in exchange for dropping the false representation charge. We declined and showed the D.A. why he couldn’t prove his case. After negotiation, the charge was dismissed unconditionally. We then showed the judge proof of new vehicle license plates and current insurance. The remaining charges were dismissed. Our client did not have to provide DNA to the Orange County DNA Database.
Felony robbery reduced to petty theft with no jail time
People v. AG (Los Angeles Superior Ct., Pasadena, 2018)
Our client, a veteran with substance abuse issues, was accused of second-degree robbery, a felony. We subpoenaed the store’s surveillance footage, which was inconclusive. Our client denied using force and we negotiated a dismissal of the felony charges in exchange for a plea to misdemeanor petty theft with no jail time.
Heroin possession charge dismissed
People v. WL (Orange County Superior Ct., West Justice Center, 2018)
Our client had struggled with addiction in the past. After eight years of sobriety, he suffered a relapse and was arrested for possession of heroin. We presented character letters to the judge and obtained a deferred entry of judgment (DEJ). Our client attended a six-hour class and submitted a DNA sample. In exchange, the charges against him were dismissed.
DUI with speed enhancement reduced to “dry reckless”
People v. SV (Santa Barbara Superior Court, SB Courthouse, 2018)
Our client was pulled over for driving 108 mph in a 45 mph zone. After a roadside breath test showed a BAC of 0.09%, he was arrested and charged with misdemeanor DUI with a speed enhancement allegation as well as driving on a suspended license. With the speed allegation, he faced a minimum of 60 days in county jail. We investigated the case and discovered issues with the breath test. As a result, we were able to get the case reduced to a dry reckless with no jail time, no driver’s license suspension, no alcohol program, and no AA Meetings.
Child pornography case dismissed
People v. JLC (Los Angeles Superior Court, Clara Shortridge Foltz Criminal Courts Building, 2018)
Our client’s phone number was associated with an email address that was linked to an online file storage account. The account contained horrendous child pornography. The police obtained a search warrant but found nothing to connect our client to the account. But they still seized a large amount of the client’s personal property. At that point the client hired us. We discovered errors in the search warrant and filed a motion to quash. Based on the strength of our written motion alone, the DA dropped the case and our client was immediately released.
Disturbing the peace reduced to a non-criminal infraction
People vs. BM (Los Angeles Superior Ct., Pasadena, 2018)
Our client was charged with disturbing the peace after getting involved in a fight in a club. He maintained he was acting in self-defense and defense of his girlfriend. Because he works as a security guard, he must keep his criminal record clean (even of misdemeanors). We obtained body camera evidence that supported his position. As a result, we were able to negotiate the charge down to an infraction, which allowed our client to avoid a criminal conviction.
No jail time for solicitation with a prior conviction
People v. LV (Los Angeles Superior Court, Van Nuys, 2018)
Our client was charged with solicitation under Penal Code 647b with a prior 647b conviction. The prosecutor was seeking 45 days in county jail. After reviewing the police report and other evidence, we were able to convince the prosecutor that the evidence did not establish that the client intended to go through with the act. As a result, the charge was reduced to simple trespass with no jail time.
DUI reduced to an “exhibition of speed”
People v. TG (Los Angeles Superior Court, Metropolitan Courthouse, 2018)
After being pulled over for speeding, our client blew a 0.11% and 0.12% BAC on a breath test. She was charged with DUI under both Vehicle Code 23152 (a) and (b). We reviewed the arrest record and discovered several problems with the administration of her breath test under California Title 17 regulations. We were able to persuade the prosecutor to dismiss the DUI charges and charge our client with an “Exhibition of Speed” under Vehicle Code 23109 (c), saving the client from a DUI conviction, alcohol program, and court-triggered license suspension.
Petty theft charges to be reduced after community service
People v. PB (San Diego Superior Court, Vista Courthouse, 2018)
Our client was charged with petty theft of a blender. A conviction could keep him from becoming an RN since petty theft is a crime involving moral turpitude (“CIMT”). We negotiated a deal under which the D.A. agreed to dismiss the charges if the client completes some community service and an anti-shoplifting course and stays away from the store. As long as he does so, the arrest can be sealed after just one year.
Attempted murder and ADW charges dismissed
People v. J.F. (Los Angeles Superior Court, Metro Division, 2017)
Our client was charged with two counts each of attempted murder and assault with a deadly weapon. His bail was set at $1 million.
Following exhaustive cross-examination during the preliminary hearing, a state’s witness admitted to perjury, and the court found insufficient evidence to hold our client for trial on attempted murder. Bail was reduced from $1 million to $50,000, and the D.A.’s case was left in shambles.
Two DUI convictions expunged
People v. J.B. (Los Angeles Superior Court, Metropolitan Courthouse, 2017)
After two DUI convictions within a 10 year period at the same courthouse, our client was not entitled to an automatic expungement after successful completion of probation. We were able to present both judges with a strong rehabilitation package that persuaded them that expungements served the interests of justice. As a result, his record was entirely cleared.
No jail for grand theft with a prior prison sentence
People v. J.D. (Los Angeles Superior Court, Norwalk Courthouse, 2017)
Our client was the target of a theft investigation. With a prior felony grand theft conviction, she was facing a three-year prison sentence. After extensive negotiation, we were able to work out a deal that let our client avoid both prison and jail. She did probation only.
Felony animal cruelty charges dismissed in death of a dog
People v. D.A. (Santa Barbara Superior Court, Central Division, 2017)
Our client was accused of stabbing his dog to death and charged with felony animal cruelty. He maintained his dog had been attacked by a coyote. After an extensive investigation, we were able to locate additional witnesses and physical evidence that supported our client’s position. Two days before the start of the trial, all charges were dismissed.
No prison time for multiple sex counts
People v. H.S. (Santa Barbara Superior Court, Victorville, 2017)
We took over the case of a client who was facing 12 years in state prison on multiple sex counts. After an exhaustive investigation, we discovered new evidence which allowed our client to plead to a reduced charge and be released for time served.
No prison time for vehicular manslaughter & felony DUI
People v. C.O. (Santa Barbara Superior Court, Rancho Cucamonga, 2017)
Our 23-year-old client was facing over eight (8) years in state prison after he was accused of causing a 90 mph fatal collision while driving with a 0.19% BAC. He was charged with vehicular manslaughter while intoxicated and felony DUI with great bodily injury.
After intensive investigation and cross-examination of the DMV’s investigating officer, we discovered the officer had failed to follow proper procedure regarding blood and other evidence collection. Our client pleaded to a lesser offense and served six (6) months in county jail.
No jail time for felony DUI with great bodily injury
People v. Z.Z. (Santa Barbara Superior Court, Central Division, 2017)
Our client was looking at four (4) years in state prison after being charged with felony DUI with a great bodily injury against four alleged victims. After we brought in an accident re-constructionist, forensic toxicologist, a neurologist, and other experts, the D.A. accepted a plea of one felony count with no jail time. At the end of the probationary period, our client can have the felony reduced to a misdemeanor.
No jail time for assault and injury on a police officer
People v. J.M. (Santa Barbara Superior Court, Central Division, 2017)
Our client who had a mental illness was charged with several felonies, including assault and injury to a police officer. The D.A. insisted on two (2) years in state prison. We provided the D.A. with an extensive mitigation package that showed he was in therapy and on medication. As a result, our client was allowed to plead to a single misdemeanor with no jail time and remain in the country under DACA.
Vehicular manslaughter reduced to reckless driving
People v. M.H. (Los Angeles Superior Court, Airport Courthouse, 2017)
Our client was charged with vehicular manslaughter after a tragic collision that took the life of a motorcyclist. Our collision reconstruction expert showed the police how numerous omissions and assumptions in their report had led the D.A. to wrongly charge our client. We were then able to negotiate a plea to a minor reckless driving charge which placed no blame on our client for the death of the cyclist.
Felony marijuana charges reduced to a misdemeanor
People v. M.A. (Santa Barbara Superior Court, Central Division, 2017)
Our client was looking at 16 months in state prison on charges of felony possession and transportation of marijuana for sale, with an enhancement for over three pounds of weed. Through our use of a mitigation package, we were able to negotiate a plea agreement to a misdemeanor for disturbing the peace with no probation.
Drug and fake I.D. charges dismissed
People v. J.R. (Santa Barbara Superior Court, Central Division, 2017)
Our client, a full-time college student, was charged with misdemeanor possession of methamphetamine, MDMA pills, and false ID. We prepared an extensive mitigation package and were able to get the case dismissed at the first appearance.
Traffic warrant dismissed, license restored
People v. M.P. (Los Angeles Superior Court, Compton Courthouse, 2017)
Unbeknownst to our client, his California driver’s license had been suspended years earlier. We were able to recall the warrant for failure to appear, lift the hold on his license, and get the case dismissed.
Possession of marijuana for sale dismissed
(Orange County Superior Court, Harbor Justice Center, 2017)
Our client was lawfully delivering medical marijuana when he was arrested for possession of marijuana for sale. We were able to get the case dismissed and the marijuana recovered. The client did no jail time and was able to keep both his marijuana delivery job and his day job.
Felon with a firearm charges dismissed
(Orange County Superior Court, Harbor Justice Center, 2017)
Our client was on felony probation for drug crimes and not allowed to own or possess any firearms. When his house was raided, California Department of Justice officers found a gun and ammunition in his brother’s unlocked room.
Our client was arrested and held without bail. He faced 16 months of county jail time. We demonstrated to the D.A. that there were deficiencies in the “possession” element of the charges. The D.A. dropped all charges.
No license suspension for a traffic collision with 0.12% BAC
Matter of CC (DMV Driver Safety Office, City of Commerce, 2017)
Our client was arrested for DUI after being involved in a solo traffic collision. A post-arrest DUI breath test showed a 0.12% BAC. At her DMV license suspension hearing, we argued that the DMV did not meet its burden to show our client had a BAC of 0.08% or more at the time of driving. As a result, our client did not lose her license.
No probation violation following domestic violence arrest
People v R (Los Angeles Superior Court, Lancaster, 2017)
Our client was arrested on a domestic violence charge. At the time, he was on probation for felony vandalism with a five (5)-year suspended sentence. If convicted on the domestic violence charge, he faced an automatic sentence of five (5) years in state prison — even though the maximum sentence for felony domestic violence was three (3) years. We defended him at his probation violation hearing, and the court ruled in his favor.
Misdemeanor hit-and-run charges dismissed
People v. BL (Ventura Superior Court, 2017)
Our client was prosecuted for a misdemeanor hit-and-run after a traffic collision at a busy intersection. After we showed the prosecutor that our client did everything reasonably possible to locate the driver of the other vehicle following the collision, the Ventura County District Attorney’s office dismissed the case.
Felony assault with a deadly weapon case rejected
People v. BV (Los Angeles Superior Court, Criminal Courts Building, 2017)
Our client was arrested following an altercation at a construction site. The complaining witness alleged that our client had hit him with a metal pipe. By doing a proactive investigation prior to our client’s arraignment, we obtained numerous eyewitness statements stating that the complaining witness was, in fact, the aggressor, and that no weapon of any kind was used. As a result, we were able to get the prosecutor to reject the case.
Domestic violence case not filed / professional license kept
People v. KL (Los Angeles Superior Court, Criminal Courts Building, 2017)
Our client, a licensed paramedic, was arrested for domestic violence after an incident outside a nightclub. We investigated and obtained a statement from our client’s girlfriend disputing the accounts of the complaining witnesses. After providing the statement to the Los Angeles City Attorney’s office, we were able to get the case diverted to an informal office hearing, thereby preventing a criminal filing. We were also able to close out the investigation with the Los Angeles County EMS agency, enabling our client to keep his paramedics license.
Burglary reduced to non-strike vandalism with no jail time
People vs. NG (Los Angeles Superior Court, Airport, 2017)
Under the influence of drugs and addiction, our client resorted to breaking, entering, and theft. She was facing eight (8) years in state prison. After much negotiation, we were able to convince the prosecutor that the charges were the result of chemical dependency. As a result, we reached a plea agreement under which the charges were reduced to one count of non-strike felony vandalism with residential drug treatment instead of jail time. Provided the client successfully completes the program, she can apply to have the felony reduced to a misdemeanor and then expunged.
No jail for third DUI with an accident
People v. AK (L.A. Superior Court, Rancho Cucamonga, 2017)
After a third DUI arrest with a traffic collision, while on probation for a first DUI and with a second DUI still pending, our client was facing a mandatory minimum jail sentence of 120 days. We were able to settle the case with a plea agreement that allowed him to be sentenced to 45 days of community services instead of jail, but allowed to do just 23 total days of community labor.
No jail time for carrying a loaded handgun in public
People v. GS (Los Angeles Superior Court, West Covina, 2017)
Our client, a single father, was charged with possession of a loaded handgun in public while on DUI probation. We negotiated a plea agreement that kept him out of jail and avoided the loss of his gun rights, either of which would have caused him to lose his job. We also successfully kept him from being charged with a violation of his probation.
No license suspension for DUI with 0.21% BAC
DMV Matter of DCM (DMV Driver Safety Office, City of Commerce, 2017)
Our client was arrested for DUI after being found asleep at the wheel at an intersection. A blood test showed a BAC of 0.21%, almost three times the legal limit. At the DMV license suspension hearing, we showed that the officer failed to execute the proper paperwork. As a result, our client did not lose his license.
No probation violation for domestic violence conviction
People vs. JO (Los Angeles Superior Court, Long Beach, 2017)
Our client was convicted of misdemeanor domestic violence while represented by a different firm. He subsequently moved out of state. When he returned to California, a bench warrant for his arrest was issued for failure to attend required counseling. We established that his former state of residence did not offer an appropriate program, and that he had received ineffective assistance of counsel. The judge agreed to reduce our client’s attendance requirement and returned his probation status to good standing without violation.
Hit & run cases made eligible for dismissal
People vs. SR (Los Angeles Superior Court, Long Beach, 2017)
People vs. PS (Los Angeles Superior Court, Bellflower, 2016)
We were able to obtain “judicial diversion” for two clients accused of misdemeanor hit and run. If they have no additional criminal violations within a 12-month period, their cases will be dismissed, regardless of the prosecutors’ objections.
No jail time for threatening another with a rifle
People v. JM (L.A. Superior Ct., Rancho Cucamonga, 2017)
Our client was arrested for threatening another person with an AR15 rifle outside of the client’s home. We negotiated a plea agreement that kept our client out of jail and allowed him to retain his gun rights.
Petty theft charge dismissed
People vs. WY (Los Angeles Superior Court, Torrance, 2017)
Our client was a foreign traveler accused of shoplifting at a Southland department store. A conviction would have had serious consequences for the client’s work, which is international in scope. We persuaded the judge to agree to “judicial diversion,” which allowed her case to be dismissed following minimal community service in her hometown overseas and 12 months without any new criminal charges.
Senior’s driver’s license restored after DMV mistreatment
DMV Matter of HC (DMV Driver Safety Office, El Segundo, 2017)
Our client was an 80-plus-year-old senior in excellent health. When she went to renew her driver’s license at the DMV, however, she experienced age-based bias and rude, abrasive treatment. After numerous attempts to pass her driving test, she was denied a license. We scheduled a California DMV hearing, at which we got her testing location changed to one not hostile to seniors. There, she took and passed the test, and her license was rightfully restored.
Elder abuse case dismissed
People v. PB (L.A. Superior Court, West Justice Center in Westminster, 2017)
Our client, a veteran, was charged with abuse of an elderly person. If convicted, he was facing jail time and the loss of his gun rights. Instead, we were able to negotiate a dismissal of his case. He was able to keep his gun rights and avoid a conviction and jail time.
25-year-old felony convictions dismissed
People vs. JG (Los Angeles Superior Court, Norwalk, and San Bernardino Superior Court, Rancho Cucamonga, 2017)
Our client is a successful business owner who was convicted of two “wobbler” felonies in the early 1980s. He was seeking to purchase a commercial building, which required approval by the United States Small Business Administration. A felony conviction could have jeopardized the deal. However, even though so much time had passed, we were able to get the court to reduce the felonies to misdemeanors, withdraw his old “no contest” pleas, and get the charges dismissed. As a result, his application to purchase the property is back on track.
Public intoxication and drug possession charges dismissed
People vs. JHB (Los Angeles Superior Court, Airport, 2017)
Our client, a drug addict, overdosed in public with controlled substances on his person. His parents admitted him to outpatient rehab, and he was successfully completing the program. Nevertheless, the prosecutor wanted him to do a standard 18-month government program. We did a presentation on the merits of the client’s preexisting program for the prosecutor, after which the prosecutor agreed to let the client continue his program. The client completed the treatments, and his case was dismissed.
No criminal convictions for misusing handicapped parking placards
People vs. MR (Los Angeles Superior Court, Inglewood, 2016)
People vs. MB (Los Angeles Superior Court, Downey, 2016)
In the first case, we persuaded the prosecutor to reduce the misdemeanor charge to a non-criminal infraction with a fine only. In the second case, we had to go to court three times but ultimately prevailed with a full dismissal.
DUI reduced to wet reckless
People v. LG (Los Angeles Superior Court, West Covina, 2017)
We negotiated a plea bargain that allowed our client to plead guilty to a “wet reckless” instead of a DUI with a 0.14% BAC. A conviction for a DUI would have cost him his government job. Instead, he was able to keep his job and avoid having to install an ignition interlock device in his vehicle.
DUI of drugs reduced to dry reckless
People v. NG (Harbor Justice Center, Newport Beach, 2017)
Our client was arrested for driving under the influence of drugs, which could have cost him his position with the fire department. After we negotiated with the prosecutor, the charge was reduced to a “dry reckless,” which allowed him to keep his job.
DUI with collision reduced to wet reckless — no jail time
People v. EM (L.A. Superior Court, Rancho Cucamonga, 2017)
Our client was arrested for DUI resulting in a traffic collision. His BAC was alleged to be 0.09%. We negotiated a plea agreement to a “wet reckless,” which allowed our client to do community labor and six (6) months of electronic alcohol monitoring instead of jail time.
Failing to obey officer – charges dismissed & license reinstated
DMV and Traffic Matter of TK (Los Angeles Superior Traffic Court, Long Beach, and DMV Driver Safety Office, El Segundo, 2016)
Our client was a foreigner who had recently relocated to the United States. After being pulled over on the freeway, he misunderstood the instructions of a CHP officer and was cited for “failure to obey a traffic officer’s command.” His license was suspended pending a skills review by the DMV. We obtained an instructional driving permit for the client and fought the citation with a “Trial By Declaration.” The case was dismissed, and no points went on his record as a result of the incident.
No sex offender registration or jail time
People v. SE (Los Angeles Superior Court, Van Nuys, 2017)
Our client was charged with multiple counts of indecent exposure. Client had out-of-state prior convictions for indecent exposure. Prosecutors initially sought lifetime sex-offender registration under Penal Code 290 as well as a lengthy jail sentence. After extensive litigation, we were able to negotiate a plea agreement that saved our client from sex offender registration as well as any jail time.
Domestic violence charges dismissed
People v. VT (Los Angeles Superior Court, Van Nuys, 2016)
Our client — who had no criminal record — was arrested and charged with misdemeanor domestic violence against his wife. Although we uncovered witnesses who gave statements that were inconsistent with the police reports, the prosecutor repeatedly sought a plea deal with the threat of jail time if our client did not accept. Our client refused the offers, and when the case was set for trial, the prosecutor dismissed the charges. Our client’s clean record was preserved.
Felony vehicle registration fraud reduced to an infraction
People v. 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 v. 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 a traffic collision with 0.31% BAC
People v. SH (Los Angeles Superior Court, Airport, 2015)
Our client caused a traffic collision and blew a 0.31% (nearly four 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 v. 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 able to obtain a restricted driver’s license for our client, which allowed her to drive 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 police saw the woman’s injuries and arrested our client under 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 the objection of the prosecutor — to get the judge to dismiss the case (scheduled for early 2017).
Third strike sentence of 25-to-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 (2) years, with the possibility of parole after one (1).
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 second DUI during a ten-year period. His DUI chemical test showed a BAC of 0.21%, 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 0.14%), the case against him was dismissed.
No prison for alleged lewd conduct with a 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 five (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 0.12%. After we filed a motion to suppress the blood test evidence, the D.A. 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 a 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 a 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 BAC of 0.20%, 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 six-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 0.18%, over twice the legal limit. The client had several probation violations on his record and was looking at a two (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 an 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 BAC of 0.10%. With the assistance of an expert witness, we prevailed at the client’s DMV license suspension hearing. Shortly afterward, the D.A. 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 D.A.’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 (4) 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 BAC 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.