On a routine traffic stop by law enforcement, the officer discovered a loaded rifle inside my client’s vehicle. The officer claimed the rifle was next to my client and when questioned about it, he took responsibility for it. He was charged with possession of a firearm by a convicted felon and possession of a loaded firearm in a prohibited place. He was also charged with 2 strikes and having served a prior prison term. He was facing a maximum sentence of 26 years to life. He was found not guilty on all counts by a jury after trial.
Motion for New Trial
My client was charged with possession of heroin for sale and several special allegations, including a prior strike. The case went to trial because the district attorney (DA) would not dismiss the strike. At trial, my client was found not guilty of the sales charge but he was convicted of the possession charge. It was later discovered that one of the jurors had pending charges against her that were not disclosed prior to trial. I filed a Motion for New Trial based on juror misconduct. The motion was granted. The DA later offered to dismiss the strike.
Motion to Dismiss for Delay in Prosecution
Law enforcement received a report of possible elder abuse. The case was investigated and filed more than 2 years later. Shortly thereafter, the victim and another witness passed away. However, the DA still refused to dismiss the case. They claimed they could prove the charges with other witnesses. I filed a Motion to Dismiss for Delay in Prosecution. The judge found the delay was unreasonable and prejudiced my client. He dismissed the case.
Motion to Suppress Evidence/Illegal Search
Officers stopped a vehicle occupied by my client after they received information that an occupant of that vehicle had discharged a firearm minutes earlier. My client was removed from the car and officers discovered methamphetamine in his possession. He was subsequently charged with felony possession of methamphetamine. I filed a Motion to Suppress Evidence asserting that the detention and search of my client were illegal. The judge agreed and dismissed the case.
Motion to Withdraw a Guilty Plea
My client pled guilty to a DUI after being represented by a public defender. My client later discovered that he had not received the bargain he believed he was supposed to have received. I filed a motion to withdraw his guilty plea, which was vehemently opposed by the DA. The motion was granted by the judge.
My client was pulled over in a vehicle that had been reported as carjacked. He was charged with several felonies, including carjacking and special allegations. He was facing more than 10 years in prison. After results of an investigation were presented to the District Attorney, the case was dismissed before trial.
Expert Witness Investigation
My client was involved in a DUI that resulted in the death of another person. After conducting an accident investigation, the trained law enforcement officer determined my client was traveling 57 m.p.h. in a 35 m.p.h. zone. My client was charged with gross vehicular manslaughter while intoxicated. That charge carried a maximum penalty of 10 years in prison. He was also charged with several other felonies and faced a maximum sentence of 12 years in prison. At my request one of the top accident investigators in the state conducted his own investigation and determined the officer made several errors in his calculations. My client was traveling just over 40 m.p.h. His reports were presented to the DA and the DA agreed errors were made by the investigating officer. He subsequently let my client plead to a lesser, related charge of Vehicular Manslaughter While Intoxicated, which carried a maximum penalty of 4 years in prison. The balance of the charges were dismissed.
Preliminary Hearing/Violation of Miranda
My client was contacted by a deputy sheriff at a casino. The deputy arrested him on an outstanding warrant. The deputy asked him how he arrived at the casino and my client stated he had arrived on a motorcycle in the parking lot. He identified the motorcycle, which turned out to be stolen. My client was charged with receiving stolen property as a felony. At the preliminary hearing, my client’s statement was kept out because the judge determined my client’s Miranda rights were violated. The felony charge was dismissed.
My client was contacted by officers. When asked who he was, my client provided the officers with his brother’s name and other identifying information. My client was charged with Unauthorized Use of Personal Identifying Information, a felony. At the preliminary hearing, the judge dismissed the felony because the prosecution failed to prove all the elements of the crime.
Preliminary Hearing/Plea Negotiations
My client, who had a prior conviction for being an active member of a criminal street gang, was involved in a group fight. He and four others were facing felony charges of Assault With Force Likely to Produce Great Bodily Injury and Being an Active Member of a Criminal Street Gang. My client was facing a maximum penalty in excess of 12 years in state prison. After preliminary hearing the gang allegation was dismissed because the judge found the DA failed to meet his burden of proof. My client was then facing a maximum penalty of 7 years in prison on the remaining charges. After investigation was conducted and those reports were given to the DA, the DA let my client admit a violation of probation in exchange for dismissal of the remaining charges. My client received time in the county jail for the violation of probation.
My client was on felony probation for a first degree burglary, a strike offense. While on probation he was charged with several felony crimes, including grand theft. Through plea negotiations, the DA agreed to dismiss the strike. At sentencing the judge indicated he was inclined to deny probation and send my client to prison because he committed the crime while on felony probation for a strike. After evidence was presented and argument, the judge changed his mind and gave my client another chance at probation.
Violation of Probation Sentencing
My client was on felony probation for theft-related charges. She admitted to violations of probation, for not reporting timely, not completing her work service, and not paying her fines. The probation office recommended her probation be permanently revoked and she be sent to prison based on her prior record and her unsuccessful performance on probation. The judge indicated that he was inclined to follow that recommendation and send my client to prison. In addition to my client, several witnesses testified at the sentencing hearing. After argument, the judge changed his mind, went against the probation recommendation, and gave my client another chance at probation.