Case Conclusion Date: June 19, 2012
Practice Area: Criminal Defense
Outcome: Felony Charges Dismissed!
Description: Client, a 22-year-old college student, was among the over one hundred patrons that were pushed out into the street shortly after “last call” at a local nightclub. Once outside, Client’s attention was drawn to what appeared to be police overreacting to another patron (we’ll call him Mr. 1st Amendment) who repeatedly yelled “f*ck the police” as he exited the nightclub parking lot. In response, and in an alleged attempt to arrest Mr. 1st Amendement for public intoxication, an officer shot Mr. 1st Amenement six times with Taser darts and used the Taser to “stun” him for a total of 26 seconds. Client, who had never before seen Mr. 1st Amendment, grabbed the Taser from the officer causing him to stop tasing. Client was arrested, booked into jail, and charged with a felony violation of section 69 of the California Penal Code – resisting or deterring an officer by means force or violence. Client faced a minimum of 16 months and a maximum of 36 months in jail if convicted along with all of the horrible consequences that come along with a felony conviction. Client admitted to grabbing the Taser but explained that he only did it because he thought that the man being tased might die. The police officer at issue countered by describing Client as a regular at this particular nightclub and alleging that he had previously seen Client with Mr. 1st Amendment thereby inferring that Client was just trying to help his friend avoid arrest. It was also alleged that Client’s actions may have been a product of his own intoxication. Consistent with Client’s goals, Mr. Flores secured a dismissal of the felony charge and a plea bargain to a misdemeanor count of “disturbing the peace” which Client will be able to have dismissed upon his successful completion of informal probation.