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Nafiz M Ahmed

Nafiz Ahmed’s Legal Cases

8 total

  • People v. J.L.

    Practice Area:
    Violent Crime
    Date:
    Apr 20, 2007
    Outcome:
    ASSAULT & BATTERY ACQUITTAL
    Description:
    My client, a taxicab driver, was charged with committing a battery against another taxicab driver at the Millbrae BART Station. The District Attorney's theory at trial was that my client hit the alleged victim due to his anger at the victim for cutting in front of him in the taxicab line to pick up fares. The charge was very serious to my client because if he was convicted he would lose his permit from the city of Millbrae to pick up fares within their city. This would have meant that he could not operate his taxi within the city of Millbrae where he had developed his client base. At trial, the District Attorney's case consisted of three witnesses, including the victim, the arresting officer and a minister who all testified that my client punched the victim in the face two times without provocation. The District Attorney also presented photographs depicting significant black eyes of the alleged victim that they purported were taken at a hospital following the alleged incident. On cross-examination we exposed that the alleged victim had lied on a previous welfare application and was actually the initial aggressor in the altercation. On cross-examination we presented photographs of the scene to the jury and the eyewitness. After carefully weighing the evidence the jury found my client not guilty of all charges, including the lesser included offense of assault. In speaking to some of the members of the jury after trial I learned that they jury acquitted my client because they believed that my client was acting in self-defense and that the District Attorney's star eyewitness could not have witnessed the incident from where he testified that he was standing at the time of the alleged battery. Therefore, after my client's acquittal my client was able to keep his taxicab permit with the city of Millbrae and his only source of revenue.
  • People v. T.R.

    Practice Area:
    DUI & DWI
    Date:
    Jan 15, 2007
    Outcome:
    DUI ACQUITTAL
    Description:
    My client was charged with his second DUI just two weeks before his first DUI would have not been priorable. At trial the police officer testified that he first observed my client fail to use his turn signal before executing a U-turn on El Camino in Millbrae around midnight. The officer testified that his attention remained focused on my client who then peeled out and sped off at a high rate speed after leaving behind a cloud of smoke. The officer pursued my client for a mile to a mile and a half and testified that my client drifted in his lane during this time period. After pulling my client over for a DUI stop the officer stated that he observed my client had blood shot and watery eyes, the odor of alcohol on his breath, slurred speech, and an open bottle of Jack Daniels behind the driver's seat. He testified that my client failed all of his field sobriety tests and then refused to submit to a blood breath or urine test pursuant to the Implied Consent Law. A second officer also testified while serving as a cover officer that my client failed all of his field sobriety tests. However, after the jury heard the cross-examination of the officer concerning his training in the National Highway Traffic and Safety Administration's ("NHSTA") Standardized Field Sobriety Testing, as well as, testimony from my client and his physical therapist, they found my client not guilty of all charges, including the special allegation of having refused the blood, breath or urine test pursuant to the Implied Consent Law. My client was not sent to jail. Instead he walked out of the courtroom after the jury verdict as a free man!
  • People v. L.L.

    Practice Area:
    Criminal Defense
    Date:
    Mar 14, 2007
    Outcome:
    SOLICITATION OF PROSTITUTION ACQUITTAL
    Description:
    My client was charged with solicitation of prostitution. She had over 40 officer related detentions for prior allegations of prostitution and well over a dozen prior convictions for prostitution. Due to this fact, if my client was convicted of this charge, she was facing substantial jail time, fines and restrictive conditions of supervised probation. Therefore, my client took her case to trial. At trial the undercover detective who was investigating my client testified that she posted sexually explicit advertisements on Craigslist.orgTM for her prostitution services. The detective testified that after calling my client in response to her multiple postings on Craigslist.orgTM that he arranged a "date" with her at a South San Francisco motel. At the motel the officer met my client and searched her and her motel room pursuant to the search and seizure condition of her probation from Los Angeles. From that search the detective located condoms, KY, the cell phone that was identified by number in the advertisements, the laptop computer from which my client was said to have posted her advertisements, and other indicia of prostitution activity. At trial, and after the prosecution's case-in-chief we brought a written motion to dismiss the charges against my client. Our motion was carefully researched and the judge agreed with us that my client was not guilty of the charged offense. The judge granted the motion and my client was acquitted.
  • People v. P.N.

    Practice Area:
    DUI & DWI
    Date:
    Aug 24, 2007
    Outcome:
    DUI OF .08 OR GREATER ACQUITTAL
    Description:
    It is not impossible to secure a defense verdict for the charge of driving with a .08 or greater blood alcohol concentration ("BAC"). My client was charged with his third DUI in a ten year time period. He was represented by another highly experienced DUI lawyer through his pre-trial conference. At the pre-trial conference, the pre-trial judge offered my client 9 months in the county jail instead of the full year in order to entice my client to plead guilty. After the pre-trial conference my client asked me to take his case to trial. His BAC about one hour after he was observed driving up to the front entrance of the Marriot in Burlingame was alleged to have been a .19/.20. After asking the valet attendant to park his truck, several Marriot employees heard my client talking incoherently. They also witnessed him remove an open bottle of Jack Daniels from the cab of his truck and throw it into his truck bed. Due to my client's increasingly belligerently behavior and the fact that he didn't have a room or a reservation at the Marriot, one of the Marriot staff members called the police. Before Burlingame police could arrive my client fled on foot to a nearby hotel where he hid out on the 4th floor while observing the officers across the street. Eventually however, my client was located and arrested by police. Based upon my client's BAC and using retrograde extrapolation, the District Attorney argued that my client was approximately two and one half times over the .08 legal limit at the time he arrived at the Marriot. Using careful investigation of the crime scene we discovered that there would have been video surveillance of the location where my client drove up to the Marriot. Our investigation also revealed that the arresting officer was the former head of security at the Marriot and he knew almost everything about its video surveillance system. At trial we were successful in having the officer admit that he failed to obtain the surveillance video of the front entrance of the Marriot which would have proved that my client didn't consume the Jack Daniel's until after he arrived at the hotel. After carefully weighing the evidence and the credibility of the witnesses, the jury found my client not guilty of driving with a BAC over a .08. Oddly enough however the jury convicted my client of drunk driving without having heard testimony of any bad driving. Yet despite the jury's inconsistent verdict my client achieved a significant victory because the judge sentenced my client to the statutory minimum of 4 months in the county jail instead of the pre-trial conference offer of 9 months or the maximum of one year. Although not a complete acquittal, my client saved 5 months of his life from the county jail.
  • People v. P.F.

    Practice Area:
    Criminal Defense
    Date:
    Feb 28, 2008
    Outcome:
    RESTRAINING ORDER VIOLATION DISMISSAL
    Description:
    My client was waiting for his girlfriend while seated in the front passenger seat of her car. The car was parked on the street outside of her house in what the police described as a "high crime" area of San Bruno. Both my client and his girlfriend were planning a night out on the town. While my client was waiting for his girlfriend two officers drove past him and shined their spotlight on him because he was slouching in his seat. Believing this behavior to be suspicious, the officers made a U-turn, drove their marked patrol within twenty feet of my client, parked and exited to speak to him. One officer asked my client for his identification while the other officer stood cover. After obtaining my client's driver's license the officer ran him through their wants and warrants system and discovered that his girlfriend had a no contact and 100 yard stay order protecting her from him. After discovering this information my client's girlfriend walked out of her house and toward her car. The officers confirmed her identity and arrested my client. I filed a motion to suppress evidence which argued that my client was unlawfully detained and that the officers' claim of a consensual encounter was unfounded given the nature of their contact, including: the officers' use of their spotlight and headlights to shine on my client; one officer standing cover; the other officer asking for identification without an explanation as to why he wanted it; running my client in their wants and warrants system over his radio and in my client's presence; and, failing to advise my client that he was free to leave. The judge nobly took the case under the submission to perform essential research to come to the correct decision. After taking the case under submission, the judge wrote a two page written decision granting my client's motion to suppress evidence of the officers' discovery of the restraining order and their subsequent observations of its violation. Without this crucial evidence against my client, the District Attorney eventually dismissed the case against my client.
  • People v. A.B.

    Practice Area:
    Criminal Defense
    Date:
    Apr 01, 2008
    Outcome:
    POSSESSION OF A METH PIPE DISMISSAL
    Description:
    My client was standing under a street light in the Rollingwood area of San Bruno hills. The officer who was responsible for patrolling this area testified in court that it is a "high crime" area. He testified that he was particularly alert on the night in question because of a recent rash of auto burglaries. My client was approximately 20 feet from the nearest car when the officer drove up with his headlights off. The officer was immediately suspicious of my client because it was almost 3 a.m. and my client was wearing a back pack and a dark trench coat in the summertime. Upon seeing my client the officer immediately turned his headlights on and shone his spotlight on my client. After greeting my client "good morning" the officer asked my client for his identification. My client did not have any identification on him and the officer asked him to verbally identify himself. My client did and the officer ran his name through the wants and warrants system over his radio and in his presence without finding any outstanding warrants. This wants and warrants check may have taken anywhere between 2 minutes to up to 10 minutes. My Client remained in the spotlight with the officer "likely" by him throughout the duration of their contact. At some point while waiting for the results of the wants and warrants check the officer asked my client for consent to search him. My client agreed. The officer discovered a methamphetamine pipe in his backpack. At the hearing on the motion to suppress that I filed, the District Attorney argued that the officer's discovery of the methamphetamine pipe was the product of a consensual encounter and consent to search given by my client. However, the judge agreed with the defense position that my client was ambushed and in the judge's own words "froze him like a deer in the headlights." The judge found that my client's consent to search was the product of an unlawful detention and therefore granted the defense motion to suppress the officer's discovery of my client's meth pipe. The District Attorney dismissed the case against my client after the court's ruling.
  • W.B. v. San Francisco Police Department

    Practice Area:
    Criminal Defense
    Date:
    Dec 17, 2008
    Outcome:
    RETURN OF CONCEALED WEAPONS PERMIT
    Description:
    My client was on a night out on the town with his friends in San Francisco. Needless to say he had consumed way too much alcohol and may have been belligerent with everyone and anyone he encountered, including San Francisco Police Officers patrolling the night scene that he was leaving. These officers detained my client for a drunk in public investigation. My client doesn't remember the drunk in public investigation very much, but he certainly remembers what happened next. Instead of waking up in the county jail to sober up, my client woke up strapped down to a gurney undergoing a 72 hour psychiatric evaluation pursuant to Welfare and Institutions Code § 5150. It turned out that before sending my client off for this psychiatric evaluation the officer(s) unlawfully went through my client's wallet and unlawfully took his permit to carry a concealed weapon ("CCW Permit"). Prior to contacting me my client had been stonewalled by the San Francisco Police Department ("SFPD") for several weeks in his efforts to get his CCW Permit back. All he knew was that SFPD had his CCW Permit and they weren't going to give it back to him. My client contacted me for help. In a little over a week we were successful in getting my client his CCW Permit without the significant expense of a law suit or other court appearances.
  • A.K. v. Western Career College

    Practice Area:
    Education
    Date:
    Feb 05, 2009
    Outcome:
    UNPRECEDENTED VICTORY AT WESTERN CAREER COLLEGE
    Description:
    My client was accused of plotting with several other nursing students at Western Career College to place Visine into one of her teacher's drinks. In case one thinks that placing Visine into a drink is a harmless prank that will merely cause diarrhea - think again! The active ingredient in Visine is Tetrahydrozoline HCL 0.05%. If swallowed, the substance can result in any number of life threatening side-effects, including: respiratory failure, dangerously low body temperatures and causing the injester to fall into a coma. Western Career College instigated an impromptu investigation of my client after another Western Career College student was overheard bragging about her role in placing Visine into her teacher's drink. Following their investigation, and without any substantial evidence to support their allegation(s), Western Career College permanently expelled my client from their school. Western Career College expelled my client despite the fact that she was almost half way complete with her program at Western Career College and had already expended almost $20,000 in tuition fees and other expenses. After my client contacted me with this issue, we determined that Western Career College had materially breached the terms of their contract with my client by wrongfully expelling her. Their actions were causing my client to suffer significant foreseeable damages that we prepared to recover in contractual arbitration with the American Arbitration Association, in San Francisco. Yet, in order to exhaust my client's contractual remedies for the purpose of this arbitration, we appealed the Executive Director's decision to expel my client to the Western Career College Board of Appeals. Although the Western Career College Board of Appeals upheld the Executive Director's decision to expel my client we refused to give up. We appealed the Board of Appeals' decision to uphold the expulsion to the Western Career College President. Due to this appeal, the Western Career College President met with us personally, set aside the Board of Appeals' decision to uphold the expulsion and offered to re-enroll my client into their school. The Western Career College President also went so far as to tell us that this was the first time in the history of Western Career College that a Western Career College President was overturning its Board of Appeals' decision to expel a student! Therefore, my client was successful all around. Her name was cleared, she was offered a spot back in school and she saved significant money by avoiding the cost of litigation.