Felony Probation Terminated Two Years Early Pursuant to New Assembly Bill 1950
Apr 05, 2021
OUTCOME: Felony Probation Successfully Terminated Early and Felony Reduced to Misdemeanor
Client retained us to seek a probation modification that would allow him to use the internet while on felony probation. In the course of filing that petition, we discovered that Client was eligible to ...have his probation terminated entirely. The recently enacted AB 1950 shortened the maximum length of probation on many felonies to two years. We therefore changed our petition to seek reduction of the felony conviction to a misdemeanor (thereby starting the expungment process) and terminate probation early and successfully. Both petitions were granted. Client can now truthfully state that he is not a convicted felon and he is freed from the terms of his probation.
Sex crime
Soliciting a Prostitute - Dismissed
Apr 05, 2021
OUTCOME: Dismissed
Client was arrested for allegedly soliciting a prostitute. The District Attorney initially wanted Client to serve jail time and be placed on probation. During several months of communication with the j...udge and assigned prosecutor, the District Attorney's Office created a new diversion program making Penal Code section 657(b) offenses eligible. Per the diversion agreement, Client went six months without being arrested, attended an 8 hour class, and performed 40 hours of community service. As a result, the case against Client was dismissed with no jail time, no probation, and no fine.
DUI and DWI
DUI Reduced to Wet Reckless
Mar 24, 2021
OUTCOME: DUI Charges Dismissed - Wet Reckless
Client was arrested for DUI and provided a blood sample. That sample allegedly was tested and returned with a 0.123 percent BAC. We hired a private laboratory to re-test the blood. That test returned w...ith a .090 percent BAC. As a result, client was offered a reduced charge of wet reckless and his DUI charges were dismissed. This allowed Client to avoid the increased minimum custody time of a second DUI in ten years and left him on better footing with respect to immigration.
DUI and DWI
DUI - Reduced to Wet Reckless
Mar 16, 2021
OUTCOME: DUI Charges Dismissed - Wet Reckless
Client was charged with driving under the influence of alcohol. The arresting officer wrote in his report, "I was on routine patrol when suddenly a vehicle started to make a left turn directly in front... of my patrol vehicle. I applied my patrol vehicle's brakes and was barely able to avoid a collision." Despite the allegation of nearly causing a traffic collision, the blood alcohol level was close enough to the legal limit that the DA agreed to dismiss both DUI charges and allow Client to plead no contest to a lesser count of wet reckless.
Police allegedly retrieved 10 grams of methamphetamine, 40 diazepam tablets, two tear gas weapons, and the ID and passport of another person from Client’s vehicle. Due to the unconstitutional nature of... the search, the case was dismissed.
On the date of the alleged incident, a police officer was dispatched to respond to a verbal disagreement in a hotel lobby pertaining to a women being denied check-in due to an expired California Driver’s License. The officer was informed that a black SUV was “associated with the female.”
Upon arrival, the officer observed a black SUV driving away from the front of the lobby area. The officer then immediately initiated a traffic stop without observing any illegal or suspicious behavior, thereby seizing Client, who was the vehicle’s sole occupant.
The officer wrote in his report, “I conducted a traffic stop of the SUV to contact the driver and inquire about the circumstances with the female in the lobby. (…) I asked if the female he was with was having an issue in the lobby with the employees, and he stated she was not. While I was speaking with the driver, dispatch advised me that it was being reported that the female was still in the lobby, causing a disturbance. Using my flashlight to illuminate the rear passenger area of the vehicle, I noticed various paper items, a laptop, and a small portable printer. From my training and experience, I noticed those items in the back seat are often associated with identity theft suspects.”
It should be noted that there was never an allegation that the female’s identification belonged to another or was a forgery. The allegation was that the female’s license was expired. It should also be noted that this incident took place during the Corona Virus Lockdown in which the Governor had given multiple extensions of expired identification cards and vehicle registrations as DMV offices remained shuttered across California.
The officer then asked Client if he could search the vehicle. Client declined. Despite the lack of consent to search and no articulable suspicion of a weapon, the officer ordered Client out of the car and patted him down.
The officer wrote in his report, “I told the driver while we waited for the officer to contact the female in the lobby and ascertain what happened, I was going to utilize my certified narcotics detection canine to sniff around the exterior of his vehicle.”
Based on the dog’s purported alert, the officer then conducted a hand search of the interior of the vehicle. The officer wrote in his report that he discovered contraband items during the hand search.
The actions of the police were unconstitutional for a number of reasons. First, Client was seized without reasonable suspicion via a traffic stop because of a 911 call alleging a non-crime being committed by another person. Second, there was no articulable basis for Client to have been ordered out of this vehicle for a pat down search. Finally, Client was detained for an unreasonable period of time so that a police dog could sniff his car.
We filed a motion to suppress and the case was dismissed.
Criminal defense
Battery - Diversion Granted
Mar 14, 2021
OUTCOME: Diversion Granted / Conviction Avoided
Client was charged with battery for allegedly throwing a glass at a bartender. Client was ineligible for the DA's pre-filing diversion because of a previous DUI conviction. We petitioned the judge for ...the recently passed Penal Code section 1001.95 "judge-made diversion" that had become law three months prior. That petition was granted. Client was required to perform 20 hours of community service, write an apology letter, and go one year without being arrested in exchange for her case being dismissed.
Criminal defense
Participating in a Riot - Diversion Granted
Mar 11, 2021
OUTCOME: Conviction Avoided - Case to be dismissed and sealed
Client marched in a BLM protest in downtown San Luis Obispo. Client was arrested charged with participating in a riot, rout, or unlawful assembly and remaining after being ordered to disperse. The DA w...as unwilling to dismiss or offer diversion. We petitioned the judge to grant diversion over the DA's objection. The agreement we reached was if Client went one year without being charged with any crimes, her case would be dismissed and she would be allowed to seal the underlying arrest. Client was also allowed to enter this agreement while continuing to categorically deny any wrongdoing.
DUI and DWI
Residential Treatment Instead of Jail
Feb 24, 2021
OUTCOME: Custody Credits Awarded Retroactively
Client was convicted of driving under the influence of alcohol and the DA was seeking time in custody. We were able to convince the judge to award custody credits for the time Client had already spent ...in a residential treatment program even though no criminal case had been filed at that time. Thus client avoided custody time.
Cannabis Law
Felony Manufacturing Concentrated Cannabis with Butane Explosion - Reduced to Misdemeanor
Feb 04, 2021
OUTCOME: Felony Dismissed - 30 day house arrest
Client was accused of causing an explosion damaging a building while using butane to manufacturer concentrated cannabis (commonly called a honey oil lab). Due to an inability to obtain jurors during th...e COVID lockdown, we were able to negotiate the dismissal of all felony charges. Client plead no contest to a single misdemeanor charge of possession of cannabis. Client was sentenced to one year of probation and 30 days of house arrest.
DUI and DWI
DUI Reduced to Wet Reckless
Feb 04, 2021
OUTCOME: DUI Charges Dismissed - Wet Reckless
Client was charged with driving under the influence of alcohol in violation of California Vehicle Code sections 23152(a) and 23152(b). Based on continued negotiation with the DA, both DUI charges were ...dismissed and client was allowed to plead to a reduced charge of reckless driving. This result in a fine reduction of $1,300, a shortened period of probation, and no obligation to serve custody time.
