Other Case Studies

People v. Michael T.

Client charged with: Brandishing a Firearm in Long Beach.

Result: Dismissal

Involved in an altercation involving his girlfriend and her mother on one side and co-tenants on the other, the co-tenants called the cops and reported that client was brandishing a gun. Cops arrived and arrested client.

We pushed the case to trial. At trial, the DA wanted to introduce a 911 call as evidence of my client’s guilt. I opposed confrontation cause grounds. Judge agreed. No 911 call.

Motion to dismiss granted.

Tough cases deserve tough lawyers who aren’t afraid to stand up to prosecutors gone wild.

People v. Chrissy H.

Client charged with: Felony Theft by Deceit and Misdemeanor Filing a False Police Report.

Result: Case Dismissed.

In 2007, Chrissy used the services of a doctor.  The procedure was paid by credit through Capital One.  Chrissy lost her job and defaulted on the loan.  Capital One sold the loan to a third party. In 2014, Chrissy was trying to obtain a mortgage when she saw the third party’s name on her credit report. At the direction of the mortgage broker, she made a complaint with the police for identity theft.  The cops contacted Capital One who said it was still a valid debt and that they had a right to collect on it.  Felony Theft by Deceit and Misdemeanor Filing a False Police Report charges were filed.

At Preliminary hearing, I proved that the debt was legally uncollectible and the felony charges were dismissed.  The DA refiled with felony theft charges which were dismissed via a PC 995 Motion to Dismiss. The DA then proceeded to trial on the filing a false police report charges. At the trial, the DA had to dismiss because of lack of evidence.

I obtained dismissals on all charges because (1) I know the law, (2) I fought hard for my client and (3) I announced ready for trial leaving the DA no option, but to fold

People v. Maritza M.

Client charged with: 3d Time DUI with an accident and Hit and Run in Bellflower.

Result: Case settled for wet reckless. DMV 3 year Suspension set aside.

Maritza was driving a friend home early in the morning. As she turned right onto a street another car turned left and cut her off. This caused her to collide with a parked car. She lost control of her vehicle and struck another parked car 30 feet down the road. The police came and investigated the case for DUI. Over three hours after the accident, Maritza’s blood was tested for alcohol and came back .23% BAC.

The DA charged Maritza with a 3d time DUI. The DMV sought to suspend her license.  I fought the DMV and won on the because the test was done more than three hours after the accident and they can’t tell what Maritza’s BAC would have been at the time of driving.

I announced ready for trial and the DA, who initially wanted 180 days in jail, finally agreed to settle the case for a wet reckless. No Jail. No License Suspension.

Good things happen when you announce: “Ready for Trial!” This means that if someone promises to dispose of your case in one appearance or that you won’t have to show up, they are not fighting for you.

People v. Nathan D.

Client charged with DUI and greater than .15% enhancement in West Hollywood.

Result: Reduced to Wet Reckless.

Stopped by CHP for squealing tires. Cop stated slurred speech, unsteady gait, odor of alcohol. According to cop, client did poorly on FSTs. Client had blood drawn, was tested at .16% BAC. We pushed to discover actual chromatagrams from the sheriff's lab. When we finally got them, 8 months later, they showed the blood sample had been contaminated.

We pushed the case to trial. After we disclosed the results of the blood showed contamination, the case was reduced to a wet reckless. 

If someone promises they can handle your case without you showing up or at arraignment go somewhere else. Discovery is important and takes a fighter to obtain.

People v. Kevin H.

Client charged with armed robbery, PC 211 in Gardena.

Case Results: Case dismissed.

Client was charged with armed robbery along with another gentleman. Police arrested them and took them to where the victim was. Victim IDed the client and the other gentleman as the robbers. Client and friend were adamant that they didn't do it and the victim was mistaken.  After preliminary hearing I made a motion to dismiss pursuant to PC 995 and Stanton v. Superior Court. At the evidentiary hearing I had an eyewitness identification expert testify as to all the problems apparent in the identification by the victim that were disclosed at the preliminary hearing. The Court agreed with my reasoning and threw out the identification. Case was dismissed for both defendants because the prosecution couldn't proceed.

Every aspect of the prosecution case needs to be questioned.  You can never assume that the police followed proper protocol. You need someone on your side who knows where and how to look at the prosecution evidence and knows where and how to fight against its introduction.

People v. Jonathan H.

Client charged with DUI and excessive speed in Valencia.

Result: Case dismissed after successful completion of military diversion.

Client was riding his motorcycle at over 100 miles per hour on the 5 north. Police chased him, pulled him over and conducted a DUI investigation. Client arrested for DUI and excessive speed. Client was a military veteran with service related PTSD.  I moved the court to have my client diverted (not enter a plea, perform some classes and obtain a dismissal). At the time the law didn't specifically allow diversion in DUI cases, but there were cases.  I fought and the DA strongly opposed my motion to put the client into military diversion. Court granted diversion. Client successfully completed the program and we obtained a dismissal. The law has subsequently changed and allows for military diversion in DUI cases.

You need someone in your corner who knows when you can qualify for a program that allows you to avoid any plea of guilty.

People v. Steven B.

Client charged with felony insurance fraud and conspiracy in Los Angeles.

Result: Case dismissed. Twice.

Client and others were charged with filing false claims to various insurance companies. At the preliminary hearing the district attorney couldn't make a case against any of the defendants.  I was able to show how weak the evidence was and the judge refused to hold clients to answer and case was dismissed. 

The District Attorney refiled the case and again I showed how they had no evidence. Case dismissed.

When you're facing a serious criminal charge and they are all serious, you need a fighter in your corner who can recognize the weakness in the prosecution's case and fight accordingly.

People v. Samuel K.

Client charged with DUI in Huntington Park.

Result: Exhibition of Speed.

Client was charged with DUI after the police found him asleep in his car in Huntington Park. He was sleeping behing the wheel. Client took a breathalyzer test and blew .18% BAC. We announced ready for trial. Client travelled to Canada often as part of his business and a DUI conviction would mean he wouldn't be admitted to the country. At trial I argued that the police had no time of driving and they couldn't tell what his blood alcohol content was at the time of driving. DUI cases always involved the prosecution expert using retrograde extrapolation to determine BAC content at the time of driving: without a time of driving, no blood alcohol content at the time of driving. Jury hung 8-4 for guilt.  The judge wouldn't dismiss the case. Rather than try the case again the prosecutor offered my client a plea to exhibition of speed, which would allow him to go to Canada. 

Taking a case to trial is often necessary and you need a lawyer who is not afraid to try your case. A lot of lawyers will say the like trial, but you can only be sure they're not afraid if they've tried cases.

People v. Deron H.

Client was charged with identity theft and fraud in Hawthorne. Client also faced a probation violation.

Result: Case Dismissed. Probation violation dismissed.

Client was charged with stealing peoples identification through a tax scam. We fought the case, including hiring an investigator and finally announced ready for trial. The prosecution's witnesses weren't going to testify to what was in the police report -- the police had exaggerated or lied about what they would say.  We knew this because our investigator questioned the witnesses about the supposed incidents.  The case was dismissed.

The prosecutor decided to proceed on a probation violation where client was possibly facing prison. We fought the probation violation with the same evidence. We announced ready. On the day of the hearing, prosecution was unable to proceed. Case dismissed.

You need a lawyer who knows when to hire an investigator or other expert to help fight against the prosecution.

People v. Hyun K.

Client was charged with Assault with a Deadly Weapon, PC 245 in Koreatown.

Result: Case dismissed. Twice.

Client was charged with assault with a deadly weapon after a man was stabbed outside a restaurant. We announced ready for trial.  The prosecutor had witness issues and was unable to proceed. Case dismissed. Prosecutor refiled, we announced ready for trial. Prosecution was unable to proceed. Case dismissed.

Good things happen when you and your lawyer announce ready for trial. You need a lawyer who is not afraid to announce to the court that he is ready for trial.

People v. Anthony H.

Client charged with murder and racing that cause injury or death in West Los Angeles

Result: Charges dropped to misdemeanor leaving the scene of an accident.

Client was charged with murder and racing that causes injury or death after a car (not my client) was speeding, lost control flew over 4 lanes of traffic and crush another driver.  The police thought the person who lost control was racing with my client, thus making my client liable for murder.  My client maintained that he didn't even know anyone was hurt until he saw his car on the news. The case was fought long and hard.  We announced ready for trial. During jury selection the prosecutor offered to settle with my client for misdemeanor leaving the scene of the accident. Client agreed because that plea meant no criminal liabilty for the persons death. Murder charges dismissed.

Good things happen when you and your lawyer announce ready for trial. You need a lawyer who is not afraid to announce to the court that he is ready for trial.