Attorney Martin Baker's Legal Cases

Violent crime

People v. P.C. -- Murder Charge dropped and client goes home with time served.

Nov 22, 2016

OUTCOME: Murder charge dismissed. Client pled to a lesser charge for time served.

Mr. C. was charged with first degree murder (plus a firearm enhancement) and was facing a potential sentence of 50 years to life in prison. A thorough defense investigation revealed that Mr. C. was li ... kely provoked by the person he shot. Even though Mr. C. might have been acquitted based on self-defense if he went to trial, he chose to accept a deal that I negotiated for him where he would go home with credit for time served, rather than take the very serious risk of a life sentence if he were convicted at trial.

Violent crime

People v. S.A. -- How jury selection can win a case.

Jul 14, 2015

OUTCOME: Not guilty of two counts of first degree attempted murder. Guilty of two counts of attempted voluntary manslaughter and one count of arson. Sentenced to five years in state prison.

Ms. A. was charged with two counts of premeditated attempted murder and one count of arson based on evidence that she set fire to a house where her her unfaithful husband was sleeping with his mistress ... . The evidence that she set fire to the house was irrefutable. The only issue was her intent at the time. I believed that the best way (and perhaps the only way) for Ms. A. to avoid a life sentence was for me to argue that this was a crime of passion and that Ms. A. should be held responsible for the much less serious charge of attempted voluntary manslaughter. I also believed that the best way to achieve such a result would be to select a jury comprised mostly of women. After the jury returned the verdict that I had hoped for, I spoke with one of the 5 men on the jury who told me that they (the men) had been convinced (contrary to their initial opinion) by the 7 women on the jury that this was indeed a crime of passion, despite the 2-hour interval between my client confronting her husband and going back to set fire to the house. (I also learned after the trial that the female juror who was weeping during my closing argument was the foreperson of the jury.)

Violent crime

People v. R.M. -- A rare victory in a gang murder trial.

Apr 29, 2009

OUTCOME: Murder charge dismissed after mistrial. Client pled to lesser charges.

Mr. M. was a sixteen-year-old boy charged with murder as an adult, based on an allegation that he assisted in a gang-related drive-by shooting that resulted in the death of a young girl. My client was ... facing 50-years to life and the D.A. was unwilling to resolve the case with a plea bargain. At trial I argued that Mr. M. was simply in the wrong place at the wrong time, and with the wrong people. I knew this would be a difficult case to defend, based on the fact that the jurors' dislike of gang activity would likely make it hard for them to objectively assess Mr. M.'s culpability. Ultimately, two jurors were unwilling to find Mr. M. guilty. A mistrial was declared, Mr. M. agreed to plead no contest to lesser charges, and he was sentenced to 9 years in prison.

Criminal defense

People v. K.H. et al. -- Every client deserves a vigorous defense.

Jul 17, 2008

OUTCOME: Not guilty.

Mr. H. was one of seven homeless men arrested by Modesto Police and charged with misdemeanor unlawful lodging because they were sleeping in a park. Three of the men accepted deals where they had to pa ... y a fine and stay out of the park. The remaining four stood firm and demanded a jury trial. We defended these four men (who became known as the "Dry Creek Four") vigorously in a trial that took longer than many serious felony trials, and the not guilty verdict came back in less time than it took for me to make a cup of coffee. Out of all the cases I have ever handled, this is probably the case of which I am most proud. Also, we all had a lot of fun. For example, my opening statement to the jury consisted of me "describing" the alleged so-called criminal conduct by getting into a sleeping bag and snoring.

Violent crime

People v. A.N. -- No prison for "The Wasp Lady."

Jun 05, 2008

OUTCOME: Attempted murder charge dismissed. Client pled to a lesser charge for time served.

Ms. N. was charged with attemping to murder her husband, whom she knew to be deathly allergic to wasp stings, by placing a soda can full of live wasps inside the cab of his work truck. Not surprisingl ... y, this case got a lot of media attention due to the unusual nature of the "weapon" used by Ms. N. Although many people found the facts of the case to be somewhat humorous, the DA was very serious about prosecuting the case, and Ms. N. was looking at life in prison. Ultimately, after over a year of investigation and negotiation, the D.A. and Ms. N. agreed to a plea bargain where she would go home with credit for time served and avoid having a strike on her record.

Violent crime

People v. M.H. -- The prosecution needs twelve, but the defense only needs one.

Oct 16, 2007

OUTCOME: Murder charge dismissed after mistrial. Client pled no contest to a lesser charge.

Mr. H. was charged with gang-related first degree murder based on an allegation that he and his codefendant ambushed two rival gang members resulting in the death of one of them. Mr. H. was facing a p ... otential sentence of fifty years to life. As with most gang murder cases, the D.A.'s office made no offer to resolve the case without a trial. And as with most gang murder cases, it was very difficult to defend at jury trial. Ultimately, one juror out of twelve believed that Mr. N. was not guilty. After a mistrial was declared, Mr. H. (very happily) pled no contest to a lesser charge for a sentence of 16 years. The moral of this story is that it only takes one juror, and a good attorney should always encourage jurors in closing argument to stand firm if they find themselves in a minority.

Martin Baker's Legal Cases (6)

People v. P.C. -- Murder Charge dropped and client goes home with time served.

People v. S.A. -- How jury selection can win a case.

People v. R.M. -- A rare victory in a gang murder trial.

People v. K.H. et al. -- Every client deserves a vigorous defense.

People v. A.N. -- No prison for "The Wasp Lady."

People v. M.H. -- The prosecution needs twelve, but the defense only needs one.