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Mary Frances Prevost
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Mary Prevost’s Legal Cases

21 total

  • Volpe v. Superior Court

    Practice Area:
    Criminal Defense
    Date:
    Dec 11, 2007
    Outcome:
    Court of Appeal Win for Plaintiff
    Description:
    Client was stopped for investigation of DUI by a police officer who had a history of falsifying investigatory stops. Trial Judge refused to require the city to produce evidence of this officer's misconduct. San Diego Appellate Division, Judge Deddeh presiding, affirmed the trial judge's erroneous ruling. I filed a Writ to the Fourth District Court of Appeal and the appellate court reversed the trial judge and the appellate division. We were entitled to all impeaching records in the cop's personnel file going back almost 20 years.
  • Adam F. v. Broxterman

    Practice Area:
    Civil Rights
    Date:
    Sep 10, 2009
    Outcome:
    $10,000 settlement against SDPD officer
    Description:
    Adam F. was stopped by SDPD officer Broxterman. The trial court suppressed the evidence taken after the stop because Broxterman did not have probable cause to stop Adam F. At the hearing, a companion officer testified against Broxterman, instructing the court that Broxterman's reasons for making the stop were never aired on the radio as Broxterman claimed. I filed a federal sec. 1983 civil rights case against the City of San Diego and Broxterman for Fourth Amendment violations. The City immediately settled the case for $10,000 without even having to do discovery.
  • People v. Cecil H.

    Practice Area:
    Criminal Defense
    Date:
    Aug 16, 2007
    Outcome:
    Hung Jury-Case Dismissed (two trials)
    Description:
    Client, an elderly gentleman, was accused of his wife of putting a gun to her head in the middle of the night and threatening to kill her. He was charged with attempted murder. Case was reduced after arrest to assault with a deadly weapon including a gun use allegations. We learned that the wife had been feeding husband a handful of vitamins every day, including a high dosage of vitamin K. Client was taking a ablood thinner called cumadin. Vitamin K counteracts the effects of cumadin. Client's heart condition was worsening. During this vitamin K poisoning, client was changing the beneficiaries of his insurance policies, and excluding the wife. Wife found out about this, make a false allegation of attempted murder to the police, and had the husband arrested. Then she shreaded all of his insurance policies that showed he had excluded her as the beneficiary of his insurance policies. Within a week of being in jail, his heart condition stabilized. Wife was no longer doping him with Vitamin K. The jury hung twice and the case was dismissed. Wife was never charged.
  • People v. C.F.

    Practice Area:
    Criminal Defense
    Date:
    Aug 25, 2008
    Outcome:
    Hung Jury-Case Dismissed
    Description:
    Client, a softball coach, was alleged to have had sex with a minor player. He was charged with two felony counts. We went to jury trial and showed that the alleged victim fabricated the allegations after C.F. terminated her from the team. The jury hung, and the court dismissed all charges.
  • Morales v. Chula Vista Police Department

    Practice Area:
    Civil Rights
    Date:
    Aug 15, 2008
    Outcome:
    $400,000 settlement
    Description:
    Christian Morales was brutally beaten by Chula Vista Police Officer Moises Rodriguez as Christian exited his father's truck in the family driveway. Christian suffered serious post traumatic stress disorder, spinal injuries and soft tissue damage. After nearly 18 months of denying liability and paying two high-priced partners from civil firms taxpayer money to drsg the case out, the City paid out $400,000 to Morales.
  • People v. Nadine Hays

    Practice Area:
    Criminal Defense
    Date:
    Apr 20, 2010
    Outcome:
    Grandmother Assaulted by TSA Agent Wins in Court
    Description:
    57-year old mother of three, grandmother of five, Nadine Hays tried to take her elderly mother to a wedding in Nashville Tennessee. But Brubank TSA agents snatched her mother's apple sauce and salami, and then accused Nadine of hitting one of them. Nadine suffered the indignity of being handcuffed, strip searched and charged with crimes she didn't commit. Burbank City Attorneys further terrorized this woman by prosecuting her for nearly a year. Finally, we called the press. The Los Angeles Times wrote an editorial on how stupid this case was. After all, the alleged "assault" was on You Tube and clearly showed no assault. The press followed us from courtroom to courtroom as this horrible case progressed. But Nadine remained stoic and secure in her eresolve not to plead guilty just to get it over. Ultimately, we ended up in the courtroom of Judge Roteberg in Glendale who pushed the prosecutor to dismiss the case. But the press lambasted the prosecutors who forced Nadine through her second hell as a defendant in a criminal case.
  • United States v. Joya-Joya

    Practice Area:
    Criminal Defense
    Date:
    May 22, 2007
    Outcome:
    Two-Ton Cocaine Case Won at Trial
    Description:
    Eight men were caught by Coast Guard and navy personnel 500 miles southwest of Alcupulco, Mexico. They were in two boats laden with two tons of cocaine. Coast Guard helicopters conducted a high speed chase for 45 minutes in the high seas, shooting at the clients in attempts to stop them. Finally, the men in the boat were caught. At trial, after the prosecution put on its evidence, we requested the federal judge to dismiss the case per Federal Rule 29 (insufficiency of the evidence). The judge dismissed the case, and the clients were sent back to Puerto Vallarta.
  • People v. John B.

    Practice Area:
    DUI & DWI
    Date:
    Jul 16, 2007
    Outcome:
    Client won his DUI case in trial
    Description:
    John and his friends were in Pacific Beach, California partying. When the bars closed down, John and his friends got into his car and started driving home. His friend jumped up through his moonroof and started yelling at passersby. The police hit the lights and pulled them over. John was taken to jail on a DUI. His blood test came back at a .18. I tried the case in San Diego Superior Court. The jury found him Not Guilty on the impairment count, and hung on the .08 count. he judge dismissed the charges. Why did we win? I was able to prove tha the blood had fermented and was unreliable.
  • People v. R.H.

    Practice Area:
    DUI & DWI
    Date:
    Jul 20, 2009
    Outcome:
    Not Guilty in Trial
    Description:
    Client was in law enforcement. He was stopped by SDPD. He blew a .10/.11. We went to trial and obtained Not Guilty verdicts on both counts. Client had been on a strict Atkins diet causing his body to produce ketones that caused the breath machine to falsely identify those keytones as ethyl alcohol. In short, the keytones tricked the machine. The experts batttled, but the jury chose to believe our side and he was free to go back to his job in law enforcement.
  • White v. County of Orange

    Practice Area:
    Civil Rights
    Date:
    Sep 03, 2010
    Outcome:
    $259,400 verdict for plaintiff plus $83,000 punitive damages
    Description:
    Toy and Steve White were getting ready for a weekend barbeque when a trespasser walked on to their property. Their Olde English sheepdog nipped the trespasser. All hell broke loose. The police were called, an ambulance came (for the minor nip), and animal control arrived demanding the Whites produce the dog. The animal control officer, backed up by four heavily armed Orange County Sheriff deputies, stormed the house, slamming Toy White's head onto the limestone flooring. They arrested her, put her in jail for eight hours and had her prosecuted. She was injured, with a black/purple bruise under her eyes, and multiple black/purple bruises across her body. After some months of litigation, all criminal charges were dropped. Three years later she won a verdict a gainst the abusive deputies in federal court in Santa Ana