Co-chaired defense team with T. Rash as lead counsel. Won acquittal after jury trial. Client, a law enforcement officer and former Marine, was wrongfully accused of beating two students when, in fact,... he was defending himself during the course of his lawful arrest of one of his accusers. Jurors unanimously rejected the prosecutor's case.
Criminal defense
People v. B.U.
N/A
OUTCOME: Felony conviction vacated.
Client plead guilty to making criminal threats, a felony. Unfortunately, the plea resulted from desperation after the client's former attorneys worked to have his bail revoked, landing him back in jai...l. When the client objected, his former attorneys declared a doubt as to his competence, preventing him from complaining about his attorneys to the court.
Although the client was later found to be competent by a court-appointed expert, the client sat in jail for months, waiting for his lawyers, who wanted to plead him guilty rather than demand a speedy trial.
Afterward, the client hired new counsel and moved to vacate the judgment of conviction based on ineffective assistance of counsel. The private preesentation to the prosecution was so compelling that even the government lawyer was convinced that the client had been cheated by his former attorneys. Prosecutor dropped his opposition to defendant's motion, which the court granted. Client eventually settled the case without any felony conviction.
Criminal defense
People v. D.N.
N/A
OUTCOME: Judgment of felony conviction vacated
Client suffered a 1992 felony theft conviction, a crime of moral turpitude which prevented client from renewing his green card or applying for citizenship and placing him at risk for deportation.
Th...e judgment of conviction was vacated and the case reopened because the court failed to follow the law by advising client of the immigration consequences of his plea.
After presenting the facts of the alleged "theft" of old newspapers from his job for recycling, which the client's employer approved of, the prosecutor agreed to drop the case entirely.