CASE RESULTS

Many lawyers rely on results they obtained ten, fifteen even twenty years ago.  It's important that the lawyer you choose has successfully handled and tried major felonies recently.

Here are a few of my results for 2008 -2011

1st Degree Murder w/ Special Circumstances - Orange County.  Exposure: Life without Parole (LWOP).

My client had recently been jumped into an Orange County gang and was hanging out with fellow gangsters at a motel.  My client was armed with a handgun which he kept in the pocket of his hoody.  Rival gang members were having a party in that motel.  The two groups confronted each other and a fist fight broke out.  My client pulled out his gun and fired, killing one of  the rivals. 

The DA charged the 1st Degree Murder and Special Allegation as she believed my client and his group were on the "hunt" for rival gang members and found them.  Further, she argued, my client brought a gun to a fistfight. I argued self-defense in that the rival group approached my client and his group first.  The challenge in this case was twofold, first, my client was the only one that was armed with a gun out of everyone.  Secondly, he made statements to police which were hurtful to a claim of self-defense.  Instead of telling police that (or better yet saying nothing to police) he asked how much time he would get, and that he knew he had to pay for his actions.  Also, my client and his friends were taped in a police van talking about the case and my client was recorded telling his friends what "lesser crimes" he was going to try to obtain. 

TRIAL RESULT:  Not Guilty of 1st Degree Murder and Special Circumstance. 

Home Invasion Robbery w/ Gang Allegations - San Diego County.  Exposure - Life  

My client was part of a crew who forced their way into a home armed with guns and bats.  They forced the occupants to sit on the couch (hitting a couple of them), while the house was ransacked.  Among other things cell phones were taken and after the robbery, the victims activated the GPS monitors on the cell phones.  The GPS led police to my client and his crew at a safe house.  All were arrested. 

This was a difficult case in that the DA added a gang allegation believing the crew was part of a local white supremacy gang, that is what changed the exposure to Life.  After some serious negotiations, I was able to show the DA my client was not part of this gang and had made serious strides in changing his life before this incident. 

RESULT - Negotiated Plea to 3 years prison.

Transportation of 60 Kilos of Cocaine - San Bernardino County.  Exposure - 25 Years with Kilo Enhancement.

My client was a truck driver who transported cars across the country.  He was pulled over by a CHP K-9 officer who decided to let his dog sniff around.  The dog keyed on a couple of cars which were searched.  The search yielded duffle bags containing 60 kilos of cocaine. 

My client claimed he just picked up the cars for delivery and did not search them first.  The DA's argument was that no drug dealer would trust that large of a shipment to a driver if he didn't trust them..i.e. worked wth him. 

RESULT:  Dismissed at Preliminary Hearing.

Attempted Murder x 2 Shooting - Los Angeles County.  Potential Exposure: 100 to Life 

 My client was an Azusa 13 Gang Member went drinking with some friends.  At closing time, my client brought his drink outside.  The bouncer told him to dump the drink and my client refused.  The bouncer snatched it out of his hands and my client claimed his gang.  He then walked 20 feet away, turned and fired a .22 caliber handgun at the bouncer.  The bouncer was hit as was another bar patron. 

My defense was that it was not Attempted Murder, but Assault with a Deadly Weapon.  It was a difficult defense because the delay in my client walking away before firing, allowed the prosecutor a chance to argue he had time to reflect before pulling the trigger which is premeditation.  My argument was that if my client wanted to kill the bouncer or anyone else, he could have as he was standing right next to them initially.  The fact that he was from a distance before firing a small caliber handgun showed a lack of intent to kill.

TRIAL RESULT - Hung Jury on Attempt Murder - Dismissed.  Guilty on Assault with a Deadly Weapon. 

 Murder - Shooting - Los Angeles County.  Potential Exposure:  50 to Life.

My client was "hit up" by rival gang members while walking into a swap meet.  Client was part of a tagging crew, but did not claim gang affiliation.  Client tried to ignore the hit up, but the gang member got in his face.  After telling the gangster he wasn't from anywhere, Client was able to walk away from him.

Client then left the swap meet and went home to change his appearance and arm himself with a semi-automatic handgun.  The client went back to the swap meet and looked around for the gang members.  When he found them he initially tried to apologize, but they laughed at him.   Angry, the client brandished his gun and challenged the gang members to come outside.  Victim accepted the challenge and followed client outside, both men drew their weapons and client fired first, killing the victim.

The prosecution's theory was that my client overreacted and took the law into his own hands.  They believed my client created the situation by changing his appearance, arming himself with a gun, returning to the swap meet and challenging the gangsters to come outside.  As such, the prosecutor said Self-Defense was contrived and believed my client was guilty of 1 ^st Degree Murder which carried 25 to Life.  Additionally, my client was charged with a gun use allegation which added another 25 to Life.  Aggregate exposure was 50 years to Life for a 22 year old kid.

The toughest aspect of the case was the fact the client armed himself with a handgun and returned to the swap meet.  Additionally, a surveillance video clearly showed my client standing outside the swap meet, brandishing his gun and challenging the gangsters to come outside.  I ran an affirmative defense of Self-Defense or Imperfect Self-Defense.  I argued that based on my client's past experience with being threatened and having his house shot up by other gang members, my client had a legitimate reason to confront the victim and prevent future harm.  However, I argued that when the gang members laughed at my client as he tried to apologize, that created rage in the client based on his past.  I argued that the client's rage was "Heat of Passion" and therefore he was not guilty of Murder but of the lesser crime of Manslaughter. 

TRIAL RESULT - Not Guilty of Murder 

Attempted First Degree Murder - Shooting - San Diego County.  Exposure - 50 to Life (Premeditated Allegation / Firearm Allegation).

My client was part of a blended family where not all of the siblings and family members got along.  The victim was my client's uncle through marriage and lived with his mother and stepfather (my client's step grandmother and grandfather).  The victim was also on parole for drug offenses

My client was also involved in drugs, yet he came by his grandfather's house everyday (where the victim lived) to make sure his grandfather took his medication, had food in the house and bathed regularly. 

On the day of the incident, my client went over to his grandfather's house but the only person home was the victim.  An argument ensued whereby my client kicked in the door to the house and shot the victim five times.

The prosecution's theory was that the family "bad blood" was the motive for the shooting and that my client went to the house armed with a semi-automatic handgun, kicked in the door and shot the victim. 

Our defense theory was that it was a drug for weapon deal gone awry.  My client said that he was going to exchange drugs for a gun being offered to him by the victim.  The victim then tried to steal my client's drugs by kicking him out of the house and locking the door.  My client kicked in the door to retrieve his drugs and was met by the victim holding a gun on him.  A fight over the gun ensued and my client got control of it.

Once my client got control of the gun, instead of leaving, he used it to threaten the victim in an effort to get his drugs back.  Thus, our defense was that my client was not guilty of Attempted Murder, but instead, guilty of Assault with a Deadly Weapon. 

Trial Result - Hung Jury on Attempted Murder mistrial declared, convicted of Assault with a Deadly Weapon.

Attempted First Degree Murder - Stabbing - San Diego County.  Potential Exposure - 25 to Life (Premeditated Allegation).

My client had spent the evening drinking and attending a mixed martial arts tournament.  After the bout, client was walking to meet up with some friends when he passed a popular downtown bar.  My client decided to carve his nickname into the door of the bar.  Two bouncers caught the client and escorted him away from the bar.  The bouncers told my client to leave and they wouldn't call the police.

My client pulled out a knife and wrapped it up in his hand with his shirt.  He walked back to the bar and challenged the bouncers to come back out and fight.  My client stabbed one bouncer seven times and the other bouncer twice. 

Our Defense was that the bouncers beat up the client after they escorted him away from the bar.  It was two on one and the bouncers used racial epithets while beating up the client.  My client admitted pulling out the knife and going back towards the bar, but insisted he didn't attack the bouncers.  Rather, he stayed in the street taunting the bouncers, but never attacking them.  The bouncers came out into the street to beat up my client a second time and he used the knife to defend himself. 

The Prosecution alleged this was Attempted First Degree Murder because the client came back for revenge after being escorted from the bar.  As such, my client faced 25 years to Life in prison.

At the Preliminary Hearing I vigorously cross-examined the bouncers.  On cross-examination I was able to get the bouncers to admit they beat up the client for no reason after escorting him away from the bar...a fact they never told police.  After the hearing the Prosecution was willing to negotiate.

Result - Negotiated PC 245 (Assault w/ Deadly Weapon) and 3 years state prison. 

Client and victim were married and having troubles.  My client suspected his wife of having an affair with a co-worker.  Client confronted the co-worker in his office and accused him of having an affair with his wife.  My client then went home and confronted his wife with a 9mm pistol.

While his wife watched, client put bullets in the clip then loaded it into the pistol and chambered a round.  My client threatened to shoot his wife starting at her feet and moving upward until he killed her if she didn't admit to the affair.  This occurred in the presence of the couple's young children, with one child clinging to the victim's leg.

This was a tough case given the facts and the young children being present.  However, my client was in the military and had a very distinguished career both in the military and his civilian career as a banker and had no criminal record.  My goal was to convince the Prosecutor and Judge that my client snapped when he learned of his wife's infidelity.

Result - Negotiated probation with no jail time.

Attempted Murder - Shooting - San Bernardino County.  Exposure - 50 years to Life.

My client and the victim were married.  My client filed divorce papers on her husband and a nasty divorce ensued.  Client came home from work on several occasions and noticed that her home had been broken into and various items taken.  She suspected her ex-husband was doing this and confirmed it when neighbors reported seeing the ex around the home. 

Despite making calls to police and having a restraining order filed, the ex kept returning, eventually vandalizing the interior of her home.

On the day of the incident, the ex-husband called my client and said if she wanted the television he took from her home back, she would have to pay him $5,000 and he would leave her alone.  They agreed to meet for the exchange.

Instead of calling the police, my client armed herself with a handgun and drove to the meet which was in a crowded parking post office parking lot.  As soon as my client and her ex met, they got into an argument.  My client went back to her car, grabbed her gun and fired five to six shots at her ex in the parking lot.  Several witnesses saw my client shoot at the ex yelling she was going to kill him. 

The Prosecutor alleged this was First Degree Attempted Murder because my client agreed to the meet and armed herself.  Even though there was an argument, the ex never physically attacked nor threatened my client before she retrieved her gun and fired. 

The goal was to make the Prosecution understand the dynamics of this case and how the ex was tormenting my client.  My Defense at trial would have been akin to a Battered Woman Syndrome and we were preparing for trial.

At the Preliminary Hearing, the police officers admitted on cross examination they were aware of the numerous police reports filed by my client on the ex but no action was taken.  The Judge interrupted the hearing and took us into her chambers and expressed her opinion that the case should settle for probation.

Result - Negotiated PC 245 (ADW) and PC 246 (Negligent Discharge of a Firearm); probation and 180 days custody to be served on weekends only. 

Criminal Threats / Discharge of a Firearm - San Diego County.  Exposure - 10 years.

Client and victim had been married for 30 years.  After a day of drinking, my client and the victim argued over dinner.  My client retrieved a loaded firearm and brandished it in front of the victim while making vague threats about using it on her. 

My client then pointed the gun away from the victim and fired it, striking the couch nearby where the victim was sitting. 

The goal was to educate the Prosecutor about my client's situation.  He had recently retired after 40 plus years and had become an alcoholic.  He had never intended to kill his wife despite the threats as they had gone 30 years with no domestic violence.

Result - Negligent Discharge of a Firearm; Probation; No Jail Time. 

Carjacking / Robbery - San Bernardino County.  Exposure - 25 to Life (Based on Three Strikes Law).

Client and co-defendant were drinking and gambling at a local casino (in violation of the terms of their parole).  When they were finished they caught a cab at the casino entrance.

After driving a short distance, client and co-defendant ordered the cabbie to pull over.  They ordered him out of the car, pistol-whipped him and took cash and a cell phone.  Client then drove off in the cab. 

This was a tough case because, the casino had excellent surveillance footage of my client getting into the cab and he confessed to the crime. 

The goal was to convince the Prosecutor not to give him life even though he was on parole for another violent crime and had two violent strikes.  I showed the prosecutor client's efforts to straighten his life out by providing school transcripts where client was learning to be a welder, and photos of his new family. 

Result - Negotiated 6 years state prison concurrent with parole violation.

Criminal Threats / Domestic Violence - San Diego County.  Exposure - 25 to Life (Based on Three Strikes Law).

Client was drunk when his girlfriend came home.  They had an argument about the state of their relationship which resulted in the client threatening to kill victim and punching her in the face.  It was also alleged that as the victim tried to leave, client tried to drag her out of the car and continued punching her. 

After thorough investigation it was learned that while client may have threatened the victim and put his hands on her, it was not as serious as she claimed.  The witnesses (friends of the victim) finally admitted to me that they made the fight out to be more serious than it was out of solidarity with the victim. 

Result - Misdemeanor, credit for time served.

Embezzlement ($90,000 from Employer) - San Diego County.  Exposure - 4 years State Prison.

My client was in charge of a petty cash account for a major corporation.  Over the course of three years, she embezzled over $90,000 and hid her theft by altering the books.  When the theft was discovered, all of the money was gone.

I explained to the prosecutor that my client had developed a gambling and meth addiction which was fueling her theft.  She had no prior record and was married with children.

Result - Probation; No Jail Time. 

Embezzlement (Merchandise) - San Diego County. Exposure - 4 years 4 months State Prison.

My client was an undercover security officer for a major department store.  While working, she stole merchandise by placing it in a store bag, and giving it to her husband to walk out with. 

I explained to the prosecutor that my client and her husband were good people but had hit financial hard times and made a stupid choice.