Criminal defense Lawyer
Practice Areas: Criminal Defense
OUTCOME: Mistrial - Hung Jury
This was the first of two aggravated robbery cases for my client. Three young men alleged that they had been roughed up and robbed at gun point, or with something resembling a gun. They stated it was 3 ... masked men. In total there were 3 robberies. Shortly after the 3rd law enforcement arrived, catching two of the assailants. Those two later stated it was Cardenas.
OUTCOME: Not Guilty All Counts
My client was a very young female, who had just begun working for a in-home health care company. One night she received a call asking her to substitute for a regular care provider at a home in the subu ... rbs for a 90+ severely ill woman. With no training, and no further information, she appeared. The day was fine until a personal medical emergency occurred for my client. She fed the woman, laid her down for a nap, then went searching for a store of some kind. This occurred in 2011, before she possessed a smart phone, in an area she was unfamiliar with. It took her over 45 minutes to go and return. In the meantime another care provider came by and saw the woman on the couch, her foot having slipped off and swollen a bit. In addition to the prosecutor, 9 witnesses lined up against me, my client, and co-counsel. We argued that this was an uncontrollable human event, not a crime. The jury took only 20 or 30 minutes to agree with us.
OUTCOME: Not Guilty of more serious Assault charge, guilty of Harassment
Mr. Ochoa was charged with misdemeanor domestic violence assault, and the lesser charge of harassment (touching to annoy or harass). Admittedly, both Mr. Ochoa and his girlfriend were troubled with add ... iction. While he was always up front of this fact, he was adamant that he had never physically assaulted any woman. Unfortunately, the photos in this case were never uploaded to the police database. We lost the litigation for dismissal due to destruction of evidence, as there simply was not proof of any ill-intent by law enforcement. Fortunately, the officer in charge turned out to be arguably the finest law enforcement officer I have ever encountered. It seemed he had been promoted an additional rank every time he appeared throughout the case to testify. He had inserted an indicator for himself in the report to indicate that the alleged victim reported injuries, but none were apparent to him.
OUTCOME: Guilty of Unlawful Sexual Behavior
Client was accused of engaging in a self-gratifying sex act in the courtyard of an apartment complex. While the courtyard was a "public area," his conduct was done in a way to avoid detection. One neig ... hbor allegedly observed him by peaking through closed blinds. All other passer-byes never witnessed him. The defense in this difficult case, was a "mens rea" defense. An argument that he did not "knowingly" (practice certain) engage in an act for others to see him. In fact, quite the opposite, to the point where only 1 in maybe 50 people who could have seen him did report seeing D.
OUTCOME: Guilty DWI
Mr. Moore was racially profiled by police officers while giving a few friends a ride home at night. One officer admitted as much. Unfortunately, one of the passengers had placed a partially loaded mari ... juana pipe in the center console. Officers chose to investigate a driving under the influence of marijuana charge. Roadsides were conducted in sub 30 degree temperatures with the ground covered in ice and snow. Client refused a chemical test. The jury did not go with our Theory of Innocence on this case, which was not impaired.
OUTCOME: DUI Charges Dismissed on Day 2 of Trial
Mr. Williams was drunk and standing by his own tipped over SUV when police officers arrived on the scene. Williams, a black man, tried to explain that someone else drove his car, then fled the scene. N ... ot willing to listen or investigate, they quickly arrested him. Just as bad, they brushed a bystander who wanted to give an interview about what they had seen. Officers promised to call him at a later date, and never did. Mr. Williams wanted trial, so we gave him a trial. The night before day 2, the prosecutor finally called the bystander (whom we had interviewed). This witness explained that he drove up right as the dust was settling from the accident. The first person out (driver, as the car fell on the passenger side) jumped into the back of his car, and begged him not to tell the police. It turns out, when the bystander was asking to speak with police was motioning with his head to the back seat. The officers were oblivious.
OUTCOME: Mistrial
Client was charged with assaultive domestic violence against his significant other. Both were admittedly suffering from methamphetamine abuse. During the early stages of my cross-examination, the alleg ... ed victim testified about inadmissible information. Alleged prior bad acts by my client. At the outset of the trial I had made a lengthy record for the judge about the witness' volatility and likelihood of inadmissible information coming out. The judge ordered the prosecutor to increase their admonition to the witness, so she is clear on what cannot be discussed in Court according to the rules. Likely due to the alarm I raised, the judge found this unsolicited testimony a violation of Mr. Vargas's rights. A mistrial was declared. Mr. Vargas later took an improved plea offer from the prosecution.
OUTCOME: Not Guilty Prohibited Use of a Weapon
My client had been racially profiled in a commercial parking lot that housed a popular night club. Police officers, who were moonlighting as security personnel, ordered Barella and his passengers out o ... f the car at gun-point. Officers would eventually realize that they had stopped the wrong people, not whomever had been in a fight outside the club. Prior to that point though, they asked if there was a weapon. Mr. Barella had a lawfully obtained, and maintained, firearm in his glove compartment. Prosecutors charged him with Prohibited Use of a Weapon, commonly known as Drunk with a Gun. Interestingly, despite having driven, officers did not even investigate a DUI charge. While also arguing not in "possession" under the law, we primarily focused our Theory of Innocence on Mr. Barella not being drunk. Because if officers suspected he was, they would have investigated a possible DUI.
OUTCOME: Not Guilty All Counts
Client was charged with misdemeanor assault and criminal mischief for an alleged domestic violence incident with his then girlfriend. His girlfriend had a problem with alcohol, and would routinely, whe ... n they went out on the town, drink to the point of black-out, or near black-out. A similar incident occurred on this night, and client, as designated driver, finally managed to get her home. Seeing the coming storm he tried to subtly grab his things and his dog to get out of her apartment. His girlfriend then threw her glass bong against the wall, shattering it. Barefoot and extremely drunk, she chased after him over the broken glass and stumbled into the wall, putting a giant hole into it. Despite the bloody scene, physical injury, and giant hole in the wall (bad facts), my client was always adamant on trial no matter the risk. So I rode with him, without question. Using the physical evidence we created a Theory of Innocence, about what happened. The Jury agreed.
OUTCOME: Not Guilty of the Unlawful Sexual Behavior Charge
My client was a severely mentally ill young man. A neighbor had snuck up behind him as he sat parked in his car, and witnessed him in a compromising situation. As was brought out at trial by myself, pa ... rt of my clients agreement with psychologists and family, was that his care was a "safe space" where he could be left alone. Effectively, with his worsening mental health, and being forced to move home after failing out of college, is only personal space. Via his family (lay persons), we introduced their observations of his mental health issues over time to argue that he did not possess the required "mental state" of "knowingly." In other words, he committed the act but was not doing it in an arguably public place for any sexual gratification.
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