Charges and Facts: HS 11379(a) x2 (transportation of a controlled substance), 11378(a) (possession of a controlled substance for sale), 11360 (transportation of marijuana).
My Client was found transporting nearly a thousand tabs of ecstasy and four ounces of marijuana in the trunk of his car. He also had prior felony convictions for drug sales.
Result: Though the DA initially insisted on a state prison term, after pressing forward in fighting the case, the DA eventually agreed to probation and county jail time only.
Charges and Facts: PC 311.11 [possession of child pornography]
Pursuant to a search warrant, my Client's personal computer was seized, analyzed, and found to contain a large quantity of child pornography on it. My Client admitted to law enforcement that he knew the porn was on his computer.
Result: I hired a computer forensics expert and was able to develop a strong defense theory. After learning that I had an expert witness ready to testify, I was then able to negotiate a plea to a misdemeanor only. My Client did not have to serve any jail time and was NOT required to register as a sex offender. This plea agreement also made it possible for my client to have the charge taken off of his record (sometimes called an expungement) as long has he pays a fine and has no law violations during the next three years.
Charges and Facts: VC 23152(a), VC 23152(b).
My Client was stopped for running a stop sign and weaving. She performed poorly on the field sobriety tests. Her breath alcohol was measured at 0.14 on two separate blows.
Result: Through investigation, I was able to show that the justification for stopping my client may not have been legal. Once I informed the DA that I would be filing a suppression motion, the DA agreed to a reduced charge of a VC 23103.5, commonly called a “wet reckless”. This was a great result for two reasons. One, it is rare to obatin a “wet reckless” when the BAC is higher than 0.10. Two, though I felt the stop may have been illegal, I also felt that a motion to suppress in this case would likely be denied.
The advantages of a “wet reckless” over a DUI are: a reduced fine (fines vary by jurisdiction), no mandatory jail time, and no requirement to complete classes.
Charges and Facts: VC 23152(a), VC 23152(b).
Client was pulled over for speeding. Moderate performance on field sobriety tests. Admission of drinking that night. Breath alcohol results showed 0.07 and 0.08.
Result: DA agreed to a reduced charge of a VC 23103(a), commonly called a “dry reckless”. A “dry reckless” has no mandatory jail time, a significantly reduced fine (fines vary by jurisdiction), and no requirment to complete any classes.
Charges and Facts: PC 664/187(a) [attempted murder], great bodliy injury enhancement was also charged
My Client was accused of stabbing a family member with a large kitchen knife and screaming that she was going to kill him. According to witnesses, there was little if any provocation involved.
Result: Though investigation, I was able to show the DA that these two family members had an long and terrible history with each other and that there was like more provocation involved than what the witnesses said. The DA agreed to drop the attempted murder charge and settle the case for assault with a deadly weapon (PC 245(a)(1)).
Charges and Facts: VC 23152(a), VC 23152(b), VC 20001(a), PC 148(a).
My Client was pulled over after several 911 callers reported him weaving on the highway. Witnesses saw him make an illegal u-turn by driving onto the median. He then clipped an oncoming car and drove away from the scene. When my Client was contacted by police, he was belligerent and refused to let the cops handcuff him. His blood alcohol level was 0.24. To make mattes worse, my Client had THREE prior DUIs within the last four years, which made this case a felony.
Result: Despite the DA's insistence on state prison time, I was able to persuade the Court to grant my Client probation, with county jail time only and treatment in a rehabilitation program.
Charges and Facts: VC 23152(a), VC 23152(b), VC 20001(a), VC 14601.2(a).
My Client was observed driving when exiting a parking lot. As she drove, her car bumped into several other parked cars. She then pulled into traffic, drove her vehicle onto the center divide of the road, and stopped. Several witnesses then saw her exit the vehicle and collapse on the pavement. An open bottle of vodka was found in the vehicle. Her blood test showed an unbelievable 0.48 BAC. Client had two prior DUI convictions.
Result: DA agreed to settle the case for the minimum punishment the law would allow. I was able to convince the DA that the unusually high BAC shown by the blood test was actually a problem in their case. Though the circumstantial evidence of intoxication was strong, there was a good possibility that the blood test was wrong. A BAC that high would, at a minimum, cause a loss of consciousness.
Felony Evading a Police Officer and Assault with a Deadly Weapon
Charges and Facts: VC 2800.2 [felony evading a peace officer], PC 243(c)(2) [batter on a peace officer], PC 245(a)(1) [assault with a deadly weapon]
My Client was accused of leading police on a high speed chase for 45 minutes across two cities. He was accused of swerving his vehicle at the officers and later admitted to the cops that he did this to try to scare them.
Result: All but one of the felonies dismissed and I was able to get the DA to agree to the lowest amount of time under the law for the charge.