San Diego, CA
Employment and labor Lawyer at San Diego, CA
Practice Areas: Employment & Labor
OUTCOME: NOT GUILTY
Client was pulled over and accused of speeding over 100 miles per hour on the freeway. Client was facing a minimum fine of $1,000, 2 points on his license, and a 30-day license suspension. After the ... court trial the judge found client not guilty of speeding over 100 mph.
OUTCOME: Not Guilty
Client was stopped going 51 in a 35 mph zone soon after the speed limit had been lowered from 45 mph on a particular road. After a great deal of investigation into the case and the speed surveys and a ... one-hour long court trial in traffic court the judge found my client not guilty!
OUTCOME: Dismissed
Client charged with two misdemeanors: domestic battery charge (PC 243(e)(1)) and vandalism charge (PC (a)(b)(2)(A)). Client faced jail time, a 52-week Domestic Violence program, probation and fines. ... It was clear to the defense that the entire incident was a misunderstanding. We pushed the case to trial, and the prosecution dismissed both charges the night before trial.
OUTCOME: Not Guilty
My client was accused of stealing items from a home improvement store. Despite being adamant that this was a mistake, the prosecution did not believe him and was intent on pushing the case forward. My ... client bravely rejected a plea bargain in order to preserve his claim of innocence. He was extremely nervous to take the stand, and, despite being innocent, declined to tell the jury what happened. Even without his testimony, the jury was able to see the truth, and acquitted him with a verdict of Not Guilty.
OUTCOME: Plea Bargain
Client was arrested after a minor accident where thankfully no one was injured. Unfortunately, client did not have a valid license and was accused of giving the wrong name to the police when first app ... roached. Client charged with violations of VC 23152(a) and (b) (DUI, with the prior DUI conviction alleged), VC 14601.2, VC 14601.5, and VC 12500 (violations regarding driving on a suspended license or without a valid license) and VC 31 (giving a false name to a police officer). After an intense amount of investigation into the case which uncovered prior exculpatory statements made by my client and several mitigating factors, the prosecution made my client an offer that could not be refused. My client ended up pleading guilty to a dry reckless and agreed to do AA meetings, and the remaining charges were dismissed. With this plea, my client avoided mandatory jail time, excessive fees and fines, avoided additional time on probation, and DMV consequences.
OUTCOME: STRIKE STRICKEN, NO PRISON COMMITMENT
Client had two prior DUIs within 10 years on his record. Then, within 2 months, this client picked up two additional DUIS. In California, similar to many other states, a fourth-time DUI is a felony. ... This client also had a prior strike conviction. This means that my client was not eligible for probation and would have to serve a prison sentence that would be doubled the normal statutory scheme for the offense. (Instead of the normal prison sentencing scheme of 16 months, 2 years, or 3 years, my client was looking at 2 years 8 months, 4 years, or six years in prison.) After negotiations with the prosecution yielded an offer that I could not counsel my client to take and my client could not accept, we turned to the judge and requested him to strike this client's prior strike conviction, thereby making him eligible for probation and eliminating not only the doubled prison terms but avoiding a prison term altogether. Unfortunately, during the probation interview, my client made some unfortunate comments that caused the judge to question his initial indicated sentence. In order to re-convince the court to impose the non-prison outcome we desired and had fought so hard to achieve, I wrote several motions and had several hearings to convince the court that the original indication was the fair resolution to the case. Part of the research for these arguments included me personally entering the jail to attend a program offered by the jail and that my client was attending. This client did have to promise to comply with additional conditions as a result, but still avoided a harsher prison sentence. Additionally, this client performed well in rehabilitation and is doing very well as a result.
OUTCOME: FELONY REDUCED TO MISDEMEANOR
Client was arrested and taken into custody. Client had absolutely no criminal record, but due to the nature of the offense the prosecutor wanted a felony plea, which included years on formal probation ... . It was clear by the nature of the incident that the client could benefit from counseling but would certainly not benefit from the harsh environment and punishment of the criminal justice system. After looking more into this client's history and contacting family members, we were able to successfully negotiate the plea down to a misdemeanor and get the client released custody. Most importantly, once released client was able to get the help required to make sure there were no repeat incidents.
OUTCOME: DISMISSAL
Client was arrested after officers stormed his hotel room with the belief that he had a valid Fourth Amendment Waiver (which would allow them to search the client, their property, or their residence wi ... thout a warrant and without probable cause). Client was awoken in the middle of the night by officers storming into the room. The officers arrested the client for possession of paraphernalia and possession of a controlled substance. Client did not, in fact, have a Fourth Amendment Waiver. After researching and briefing the issue for the court, the case was dismissed by the judge.
OUTCOME: NOT GUILTY AND FACTUAL FINDING OF INNOCENCE GRANTED
My client was detained by loss prevention officers for over an hour after being suspected of fraudulently returning items to their store. The video tape was grainy and unclear. After significant resea ... rch, trial preparation, examination of evidence and exhibits, and an aggressive trial presentation, the jury acquitted my client and came back with a Not Guilty Verdict. After the case had concluded, the judge was so convinced of my client's innocence that he granted a finding of factual innocence, which requires that all of the records of the arrest and investigation be destroyed by law enforcement and the prosecution. These are extremely rare to have granted.
OUTCOME: DISMISSED
Young client accused of violating terms of probation for fighting. As a result of extensive research and several interviews of witnesses, the court learned the truth: client acted in self-defense after ... being threatened and followed by the aggressor. Violation allegation dismissed.
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