Attorney Geoff A. Dulebohn's Legal Cases

Criminal defense

Battery by water?

Jan 01, 2010

OUTCOME: Case dismissed

Law enforcement was summoned following a heated argument between husband and wife. During the argument, the client threw up his hands in exasperation, spilling his glass of ice water. Although some o ... f the water and ice moistened a couch cushion, a few drops landed on the client's wife's pant leg. He was cited for inflicting a "battery" upon his spouse even though he never actually touched her and evidently did not intend to spill the water. The DA's office in the forum county insisted that he needed a 52 weeks batterer treatment program and three years of probation, in addition to jail time. With some considerable effort on my part, the absurdity of the government's position was exposed and the charges were dismissed by the Court (on the People's motion). FYI, a battery can be accomplished by water, but not under these circumstances.

DUI and DWI

DUI with no "D"

Jan 01, 2010

OUTCOME: Case dismissed

Probably the most effective defense to a DUI allegation is that no driving occurred, hence no "D". Although this scenario is admittedly unusual, this client was arrested upon the erroneous belief that ... she was driving when she hadn't. A DUI first requires "driving" or operating a motor vehicle, which may occur if the wheels turn even the slightest bit. In this case, although the client was approached by police while sitting in her vehicle (which was running), driving could not be proven. In fact, I proved that she actually did not drive and the matter was dismissed.

DUI and DWI

People v. Mill

Jan 01, 2010

OUTCOME: client sentenced to work alternative program

Generally, because of statutory minimums, multiple DUI offenders will certainly serve a jail sentence. In some cases, the sentence can be several months. In this case, evidentiary problems made trial ... an unattractive option both for the client and for the government. The result of my months-long negotiation was a plea bargain in which the client ultimately worked for three days at the public library in lieu of a substantial jail sentence. While some cases can not be "won" outright, margins of victory may stil exist. This client was very satisfied with the outcome.

Criminal defense

People v. Wells

Jan 01, 2010

OUTCOME: Proposition 36 rehabilitation program

Drug crimes are usually motivated by addiction rather than true criminal deviance. This client was accused of fraudulently obtaining a prescription. In helping to resolve the matter, I accurately por ... trayed the act as one of desperation stemming from legitimate and ongoing pain issues. The charges were reduced to facilitate the client's participation in a rehabilitation program.

Criminal defense

Happy Couple Reunited

N/A

OUTCOME: Diversion Program

The police were summoned after a domestic argument. The Court imposed a restraining order, as is typical in such cases, even though this particular case did not seem to present a safety issue. I succ ... essfully petitioned the Court to allow the couple to reunite. This is a case of happily ever after...with some family counseling.

Criminal defense

People v. "Confidential"

N/A

OUTCOME: Case dismissed

Input from this client led me to believe that he was detained unlawfully and subsequently arrested and searched. My investigation uncovered dispatch records that proved that the officer knew certain d ... etails about the client's criminal history and detained him not upon a reasonable suspicion of criminal activity but upon a "hunch".

Criminal defense

People v. Evanson

N/A

OUTCOME: Dismissed

This client was accused of spousal battery. Throughout the proceeding, I proved that he and his wife had a heated disagreement after which his wife called 911. During the argument, the client threw h ... is hands up in exasperation and his ice water spilled on the couch near his wife. A few drops of water dampened her pant leg as well as moistening the cushions. The government insisted that he was a batterer, but battery requires some volition to prove. In this case, his movement was reflexive. Also, a battery requires a "touching". Although liquids can be the battering agent, the question becomes: how much is necessary to batter? Is one drop sufficient? Is two? While the government was reluctant to dismiss the matter, many months of tenacious discussions and analysis proved fruitful. The client (and his wife) were satisfied with the outcome.

DUI and DWI

People v. West

N/A

OUTCOME: Set aside (dismissed) at the DMV

This case exemplifies my abhorence of predatory police practices. An officer parked in a dark alley positioned to watch the back exit of a bar and then began following patrons from the parking lot wit ... hout a sufficient probable cause (reasonable suspicion). The officer testified that the reason he parked in the alley was to able to quickly respond in case a fight occured, but I was compelled to ask him on cross-examination whether he could respond more quickly and serve a deterrent effect if he parked in plain view instead of hiding in the shadows. We must hold law enforcement to their own standards and insist that officers follow the law to avoid future mistakes and potential civil rights violations.

Criminal defense

Confidential

N/A

OUTCOME: The client was satisfied with the outcome.

I defended a client in San Diego County that was a seriously ill patient within the scope of Proposition 215 -- The Compassionate Use act of 1996. The gentleman was pulled over and his vehicle was sea ... rched. During the search, the officers located a large quantity of marijuana that exceeded the state and local limits even though he was in possession of a valid prescription. Throughout many tireless months, several charges were dismissed, including a "possession for sale" allegation. Although there are never any guarantees as to the potential result in an ongoing criminal proceeding, this client was satisfied that justice ultimately prevailed and that I was able to achieve a fair outcome for him despite the difficult circumstances.

Geoff A. Dulebohn's Legal Cases (19)

Battery by water?

DUI with no "D"

People v. Mill

People v. Wells

Happy Couple Reunited

People v. "Confidential"

People v. Evanson

People v. West

Confidential