Fiona G. Criminal threats, Lewd Conduct
Feb 25, 2008OUTCOME: Case dismissed for speedy trial violation
Orinda, CA
Criminal defense Lawyer at Orinda, CA
Practice Areas: Criminal Defense, Unknown
OUTCOME: Case dismissed for speedy trial violation
OUTCOME: Informal Diversion/No fines/NO probation
Defendant charged with possession of cocaine, methamphetamine and a cocaine pipe. Over prosecution objection the defendant was placed on informal diversion to the court. Defendant is required to attend ... 3 AA meetings a week for one year then case dismissed.
OUTCOME: Case dismissed with civil compromise of $100
Client charged with one count of California Public Utilities Code section 5371 (Unlawful transportation for compensation)
OUTCOME: Felony charge reduced to misdemeanor/Time Served
Client had outstanding arrest warrant for a felony concealed weapons charge per 12025 (a)(2) PC. Case was over filed. There was no evidence of ammunition in or near the gun at the time of possession. A ... fter meeting with prosecutors, Mr. Henderson persuaded them that case could only be a misdemeanor. The felony was so reduced at the preliminary hearing and the client received misdemeanor probation and community service.
OUTCOME: Plea Agreement/Dismissal
Client was charged with 12025(a) felon in possession of a firearm and with resisting arrest. He also had a second case with a 11379 H and S (possession of methamphetamine) which at the time of his arre ... st was a diversion (PC 1000) fall -off. In the new case, the client was severely injured by police officers at the time of his arrest. His jaw was shattered and he required emergency surgery and had his jaw wired shut by surgeons. Original plea offer was plead open to all counts for no deal (rejected). After bringing a motion to suppress evidence (1538.5) Client plead guilty to having the fire arm in his vehicle and being a convicted felon. As part of the plea agreement his resisting charge was dismissed as well as the charges from the outstanding methamphetamine case. He had sufficient jail credits for time served and the court sentenced him to 16 months with half credit (total 8 months). The dismissal of the resisting charge helps in his civil action against the city.
OUTCOME: Retained for preliminary hearing only
Mr. K. is charged in a four defendant case with burglary, residential home invasion robbery, rape, forced oral copulation, assault, and receiving stolen property. This case is still pending so no comme ... nts on the strategy at the preliminary hearing can be made at this time.
OUTCOME: Strike prior stricken per Romero 2 years w/half
The client was charged with possession for sale of rock cocaine in violation of Health and Safety code section 11351.5. Three undercover police narcotics officers observed him selling items from out of ... a box magnetically attached to a phone booth. The officers recovered the box and found it contain numerous individually wrapped items of rock cocaine. He also was charged with having a prior strike offense of a three year old robbery thus making him eligible for sentencing under California's three strike law. His potential sentences for state prison were 4 years, 6 years or 10 years and he would have had to serve 85% of his time. Defendant is a Guatemalan national who has legal status in the United States and has lived in California since he was 2 years old. A conviction for the charged offense would have automatically made him an aggravated felon subjecting him to deportation and exclusion from the United States. The goals in this case were: 1. To persuade the prosecution to permit the defendant to plead to an alternative charge "Offering to transport cocaine base" in violation of health and Safety Code Section 11352, this language by itself would secure client a more favorable position regarding the immigration consequences he faces. 2. To successfully persuade the Judge to strike the robbery prior and thus make the client eligible for probation and to reduce the possible sentences to 2 years, 3 years, or five years with half time credit. (Romero motion). The trial judge (Norman Shapiro) made it clear from the beginning that he would be not inclined to grant a Romero motion and the District Attorney refused to allow the client to plead to the alternative charge (even thought the penalty is exactly the same). After months of contentious hearings and motions (including a 995) no progress was made. The case was finally sent to Department 100 on the last day for trial. Mr. Henderson drafted a writ of prohibition to take the denial of the 995 to the court of appeal. Mr. Henderson also contacted the District Attorney's supervisor and asked him to permit the client to plead to the alternative charge. While Mr. Henderson was waiting at the court of appeal, the DA supervisor called him on his cell phone and finally agreed to the terms Mr. Henderson had demanded all along. The client plead to the alternative charge and the matter was sent back to Judge Shapiro for sentencing. Mr. Henderson filed the Romero Motion to strike the prior robbery. At a long and contentious hearing the prosecution argued strongly to oppose striking the prior and asked to court to sentence the client to 10 years in state prison. Mr. Henderson presented the court with letters form the client's children (who were present and who all depend upon the client for their support) and argued that the defendant's robbery prior should be stricken. The court ruled in favor of Mr. Henderson's motion and struck down the prior conviction and sentenced the client to low term with half time credit. Judge Shapiro stated on the record that Mr. Henderson had done a remarkable job for his client and he further praised Mr. Henderson's advocacy and skill as an attorney.
OUTCOME: Case Dismissed
Client charged with felony commercial burglary.
OUTCOME: Dismissed due to unlawful search
Los Angeles County Sheriffs deputies responded to a 911 call of a man prowling a condominium complex in Beverly Hills. The neighbors told the deputies that the man entered one of the condominium units. ... Sheriff's entered the location and found client asleep in bed. She was detained and her purse searched. Deputies found methamphetamine in her purse. The case was dismissed after Mr. Henderson filed a motion to suppress evidence for illegal search and seizure. The prosecution thought that the client had consented to the search. When Mr. Henderson proved that she had not so consented the prosecution agreed to dismiss the case in the interests of justice (Penal Code 1385)
OUTCOME: Case Dismissed
Felony Possession of Cocaine base for sale Case dismissed per plea agreement in case number BA318091: