Recent Cases 2012


Not guilty verdict on 11/13/12 (Resisting arrest trial)

CLICK HERE TO SEE NOT GUILTY VERDICT

Filed Charges
Count Charge Severity Description Violation Date Plea Status
PC M148(A)(1)  OBSTRUCTS/RESISTS/PUBLIC OFCR/ETC  06/09/2012  NOT GUILTY  ACQUITTED 

When I first met my client, he indicated to me that he didn’t think he should have been arrested for his conduct. On day one, when we heard his story, we believed in his innocence.

On September 27, 2012, we appeared in court and pled “not guilty” and set the matter for trial. Our last day to start trial was November 13, 2012. This was a case where we gave no “time-waivers” on the case. Essentially, this means that we put the pressure on the District Attorney to be prepared for trial within 45 days of our initial arraignment date of September 27, 2012.

On October 18, 2012, I appeared in court and confirmed our trial date of November 5, 2012.

On November 7, 2012, we started trial in this case.

As you can see from the attached Case Report, we presented evidence on behalf of the client, cross-examined the police officer and provided a reasonable explanation as far as our client’s conduct was concerned.

From the beginning, we always felt that the Police Officer was aggressive, unreasonable and failed to perform his duties to that of a reasonable police officer in the same or similar circumstances.

The jury agreed with our assessment.

On November 13, 2012, the Jury returned a verdict of NOT GUILTY on the alleged violation of Penal Code 148.

You see, just because an Officer arrests you doesn’t mean you’re guilty. Just because the District Attorney charges you with a crime doesn’t mean you’re guilty. Guilt is determined by the trier of fact – that is 12 people in your community.

If you have any questions regarding your legal matter, feel free to contact our office for an evaluation.


Motion to Vacate 1992 Felony Plea Granted Case Dismissed

This case is from about 2 years ago, however, we realized that there are many people out there with very similar situations as our client, Francisco. As you will note, we never disclose case numbers or the last names of our clients to comply with privacy requirements. However, we can advise you that our client FRANCISCO was facing deportation for a plea of guilty to a very serious felony charge from many years ago (about 19 years ago).

In any event, our office reviewed the old prior felony conviction and based on our investigation, we determined that our client would be able to file a MOTION TO VACATE THE FELONY CONVICTION.

CLICK HERE TO VIEW OUR MOTION TO VACATE THE PRIOR FELONY CONVICTION

The court reviewed our motion and considered all of the facts that we raised. The great news is that the COURT MADE THE RIGHT CALL and granted the motion to vacate the client’s felony conviction.

As a result, the CLIENT was ultimately able to dismiss the ENTIRE CASE and remain in this country free of any immigration consequences.

CLICK HERE TO VIEW THE COURT’S RULING WHICH GRANTED THE MOTION TO DISMISS


DUI Charges Dismissed on 10/30/12 Reduced to a Speeding Ticket

Filed Charges
Count Charge Severity Description Violation Date Plea Status
VC M23152(A)  DRIVING UNDER THE INFLUENCE  06/05/2010  NOT GUILTY  DISMISSED 
VC M23152(B)  DRIVING UNDER THE INFLUENCE W/0.08% OR HIGHER BLOOD ALCOHOL  06/05/2010  NOT GUILTY  DISMISSED

Our client Kelley contacted us from out of state and advised us that she had a warrant for her arrest based on her failure to appear in court on her June 2010 DUI charges. Her bail was set at $75,000.00.

On September 20, 2012, we appeared on her behalf at the San Bernardino Superior Court and recalled her warrant. We were also able to make sure that she didn’t need to post bail. She was released on her written promise to appear.

During the course of our defense, we determined that due to certain facts that we became aware of, we would be able to file a Motion to Dismiss the charges.

As such, we filed a motion and served a copy on the San Bernardino District Attorney’s Office. See the link below for a copy of the document. As you will note, the yellow highlighted portion would indicate that this was filed 15 days prior to the date our case was eventually dismissed.

CLICK HERE TO VIEW THE FIRST PAGE OF OUR MOTION TO DISMISS

On October 30, 2012, approximately two weeks after the District Attorney’s case received the Motion to Dismiss, the matter resolved.

CLICK HERE TO VIEW THE DISMISSAL OF THE MISDEMEANOR DUI CHARGES

The District Attorney agreed to dismiss the 2 misdemeanor charges and instead allow our client to plead guilty to infractions and pay a fine.

This means that the client has NO PRIOR DUI CONVICTION, NO MISDEMEANOR ON HER RECORD, NO LOSS OF HER DRIVING PRIVILEGES, NO REQUIREMENT TO ATTEND A DUI PROGRAM, NO INCREASED INSURANCE RATES BECAUSE OF A PRIOR DUI and SHE IS HAPPY.

Aggressive representation is what drives our attorneys at KIA LAW FIRM. We believe in quality over quantity. If you have any questions regarding a new case or you would like a second opinion on your existing case, please feel free to contact us at (855) 662-2723.


October 2012. Client is charged with HS 11359 Possession of Marijuana for Sale. Case Dismissed.

CLICK HERE TO VIEW THE COURT DISMISSAL OF THE CASE

This is the story about Randolph who was falsely accused of possessing Marijuana for sale. When Randolph and I first met, he explained to me that all of the things that the officers had found were not possessed for purposes of selling Marijuana. We conducted a brief investigation and determined that our client was truthful.

With that said, we took on the case. We made several appearances and conducted intense investigation into the police practices, evidence seized and obtained documentary evidence consistent with our client telling the truth.

Our client was offered 32 months in State Prison. We rejected that offer.

We announced ready for the Preliminary Hearing and before we even started the hearing, the District Attorney realized that they had a weak case and dismissed the charges against our client.

What do we learn from a case like this? An officer can arrest an individual based on probable cause. The filing deputy at the District Attorney’s Office can file a Complaint against a Defendant on the theory that there is sufficient evidence to prove the case beyond a reasonable doubt.

However, with a confident well-prepared attorney, cases can be dismissed. We have included a minute order showing the results of our work and the dismissal.

If you have any questions about your case, we always offer a free consultation. Feel free to contact us at (951) 686-4818 for more information.


Drunk in public charge reduced to an infraction. No probation. No AA meetings.

See PDF of Infraction Here

While a drunk in public misdemeanor charge doesn’t seem like a serious case, by pleading guilty to it, often Judges will require that the Defendant attend anywhere from 52 to 90 Alcoholics Anonymous Classes while on probation. In this particular case, we were able to have the charge reduced to an Infraction which means the only thing the client was responsible for was Court fines and and fees. No probation, no misdemeanor on her record and no requirement to attend AA classes. An infraction is the equivalent of what is received in a traffic court, except, in this particular case, there is no need to attend traffic school and it doesn’t affect your driving record. Don’t just plead guilty at arraignment. Often, an experienced attorney can help by reducing or dismissing your charges because of your particular fact pattern, defenses and arguments. All too often we see Defendants pleading guilty on their first day of court without an attorney at their side. They do this to save a few bucks. In the end, this ends up being problematic for a client.

When the client goes to get a job and the question asks, “Have you ever been convicted of a Misdemeanor or Felony” – the hard part starts. Most employment applications require the prospective employee to submit something in writing explaining the fact pattern. The applicant is also required to often obtain certified records pertaining to the conviction. Not only is this a hassle, but in this difficult job market, you have to do whatever you can do to preserve your blemish free record so that employers don’t pass you over and hire someone else because of petty crimes on your record.

I always tell Clients to consult with an attorney before pleading guilty to any crime. It only takes 30 minutes and we always provide a free consultation. Experienced and caring attorneys don’t charge for a consultation. We always believe in giving free advice. If you have any questions, call the attorneys at Kia Law Firm at (951) 686-4818.


Sept 20, 2012 Bench warrant recalled. Misdemeanor case dismissed.

Click Here To See PDF of Dismissal Here

Filed Charges
Count Charge Severity Description Violation Date Plea Status
PC M653(W)  POSS/COUNTERFEIT TAPES  04/15/2005  NOT GUILTY  DISMISSED

Our client was charged with possessing counterfeit materials. She had a bench warrant as well. We recalled the bench warrant and ensured that she did not have to post bail to be released on her promise to appear. Our request was granted.

Subsequently, at a pre-trial hearing, we convinced the District Attorney to dismiss the case in its entirety. We avoided probation, fines and a trial. Happy client means happy attorney.


Client falsely accused of sexual allegations facing life in prison. Charges reduced to a misdemeanor with community service and no jail. No requirement to register as a sex offender.

Click Here To View Court Records Showing Our Client’s Life Charge Dismissed

Infor Charges
Count Charge Severity Description Violation Date Plea Status
PC 288(A)  Lewd Act Child Undr 14yrs  01/22/2011  NOT GUILTY  DISMISSED 
  Enhancement   Description   Plea Status
  PC 1203.066(a)(8)    Sex conduct w/minor u/14   DENY  STRICKEN 
PC 288(A)  Lewd Act Child Undr 14yrs  01/22/2011  NOT GUILTY  DISMISSED 
  Enhancement   Description   Plea Status
  PC 1203.066(a)(8)    Sex conduct w/minor u/14   DENY  STRICKEN 

Our client was charged with very serious allegations of child sexual abuse, which, if convicted, he would serve a life sentence in prison. When we first received the case in May 2011, we knew our client was innocent. Our client’s bail was originally set at $1,000,000. We fought against the charges vigorously and in August 2011, finally shed some light on the prosecutor that the life charges against our client was not appropriate.

In August 2011, after four months in jail, the District Attorney finally agreed to Dismiss Count 1 which was a charge of engaging in oral copulation with a child under 10. After extensive investigation, we were able to provide evidence that our client had not engaged in this type of behavior, or any sexual behavior whatsoever. Accordingly, the life charges were dismissed and our client’s bail was then reduced to $50,000.00 and he was released on bail.

While our client was out on bail, we continued to aggressively defend this case by showing our client was innocent. In doing so, we knew that we had to set this matter for trial and let a jury of our client’s peers determine his guilt or innocence. Even though the life charges were dismissed, the District Attorney continued to allege that our client was a child sexual predator and proceeded against him based on allegations that he engaged in lewd conduct with a child.

We set the matter for trial and our client was scheduled to start on August 27, 2012. Just before we started trial, the District Attorney finally agreed to resolve this case for a Misdemeanor charge of False Imprisonment with the balance of his time to be done on Community Service. Client was not required to register as a sex offender Pursuant to Penal Code 290. Client will not be deported or face the ridicule and embarassment of falsely being a convicted child molestor.

If you have a child sexual abuse case that you need a second opinion, please contact our office at (951) 686-4818.


Aggressive Lawyering Results in Dismissal of Case on the Eve of Trial

Filed Charges
Count Charge Severity Description Violation Date Plea Status
PC M415(1)  FIGHT/CHALLENGE TO FIGHT IN PUBLIC PLACE  12/14/2011  NOT GUILTY  DISMISSED

My client was charged with an act of violence which was purely defensible. I had met with my client several months ago and he explained what had transpired. Law enforcement was called to the scene and based on incorrect information from eyewitnesses who didn’t have a proper vantage point, our client was arrested. Nevertheless, we met with our client, learned his side of the story and appeared in court on his behalf. We did not waive any time for trial and demanded a jury trial. On Friday, June 1, 2012, 2 days before trial, we announced ready for trial. Finally, the District Attorney reviewed their file and realized we were right. Case dismissed.

CLICK HERE TO SEE PDF OF JUNE 1, 2012 DISMISSAL


Felony burglary and perjury charges dismissed. Client pleads to misdemeanor and is released.

Our client was charged with significant felonies and offered a state prison sentence. Our office substituted into the case and challenged the state’s evidence. We believed that although a crime had been committed, it did not rise to the level of felony conduct.

We challenged the state’s evidence and proceeded to preliminary hearing where we cross-examined the arresting officers.

Following the preliminary hearing in this matter, we were then offered the opportunity to plead to a misdemeanor charge and to have both felonies dismissed.

Our client was released from custody without being a convicted felon. He was able to remain in this country and keep his greencard. As you can see from page 3 of this case resport, the felonies were dismissed.

SEE PDF OF CASE RESULT HERE


Client charged with felony grand theft charges dismissed

Filed Charges
Count Charge Severity Description Violation Date Plea Status
PC 487(A)  GRAND THEFT: PROPERTY/ETC OVER $400  09/15/2004  NOT GUILTY  DISMISSED

Our client was charged with felony grand theft. She was initially offered a mandatory jail sentence. Client had initially utilized the services of the public defender’s office. Our office substituted into the case. After learning about the facts of the case, we came to the realization that our client’s constitutional rights were violated. We thereafter filed a SERNA MOTION which addresses these types of violations.

The District Attorney, after having reviewed our motion, agreed to “submit” on our moving papers, essentially indicating to the court that our position was rightful and that they had no opposition to the challenge we made to dismiss the charges.

The court agreed with our position and in May 2011 the Judge in the Fontana Superior Court dismissed the entire case against our client.

At KIA LAW FIRM, we fight for the rights of our clients. This is another example of how the police believed a crime had been committed, the District Attorney believed that they could prove the case beyond a reasonable doubt and brought charges, and, ultimately, how significant representation at an aggressive level results in a favorable outcome for our client.

Our client was able to avoid a felony conviction, prevent herself from losing her job and keep her record clean.

For a free consultation, please feel free to contact one of the attorneys at KIA LAW FIRM at the numbers above.


Defendant is offered to accept life in prison before trial. Offer rejected. Mr. Feyzjou wins at trial. Case dismissed.

CLICK HERE FOR LIFE OFFER AND SUBSEQUENT DISMISSAL OF CASE BY JUDGE FOLLOWING TRIAL

The case above represents a prime example of how Mr. Feyzjou’s client was offered to accept a life sentence before trial. I strongly believed in the innocence of my client. We rejected the offer. We proceeded to trial. For many attorneys, this would have been a daunting task. Many attorneys who are fearful of going to trial often pressure their clients to accept deals, rather than test the state of the evidence.

Using litigation strategies, tactics and exceptional trial litigation skills, my client and I moved forward and trial commenced. I have attached the transcript referencing the life sentence offer my client was given prior to our starting trial.  I have also attached the court’s “docket” which reflects what happened at trial. Please note the second to last page of this PDF attachment. As you will note, the case was dismissed after the jury returned with a hung jury verdict.

What does this mean? This means that an individual who was facing life in prison is now a free man. The police officer believed my client was guilty, therefore, he was arrested. The Los Angeles District Attorney believed that my client was guilty beyond a reasonable a doubt, therefore, they filed a criminal complaint against him. However, my office, myself and my staff believed in the innocence of our client.

My exceptional trial skills allowed me to persuade the 12 impaneled jurors that this case was based on more of a personal vendetta against my client, as opposed to a true violation of any criminal statute.

To this day, my client keeps in contact with me, practically, on a weekly basis thanking me for the work we did on his behalf.

A good trial attorney will post not only his results, but proof to back it up. For all of our exceptional results, you will see minute orders and court records referencing our past record. When choosing an attorney to assist you on your criminal matter, don’t rely on anonymous statements that are unsupported. As you will note, we redact the names of our clients for confidentiality reasons, however, the records are nonetheless made public on www.kialaw.com.

If you have any legal questions related to any criminal offense, please do not hesitate to contact our office.


Jury trial just completed on a drunk driving case. Case dismissed after jury returns with a hung jury verdict.

PEOPLE v. RODRIGUEZ, Dept. 70, Metropolitan Courthouse – Los Angeles

Copy of the Minute Order Reflecting The Verdict and Dismissal Will Be Updated Shortly

SEE PDF OF DISMISSAL OF ALL CHARGES AFTER JURY TRIAL

Mr. Feyzjou recently tried a case where the prosecution alleged a violation of Vehicle Code 23152(a) and 23152(b). The case went to jury trial. Mr. Feyzjou cross-examined the police officer and chemist.  The jury deliberated for a day and returned indicating that they could not come to a unanimous decision regarding guilty. The jury was deadlocked 10 votes for not guilty and 2 votes for guilt on the issue of impairment. Additionally, the jury was deadlocked 7 votes for not guilty and 5 votes for guilty on the issue of whether the client was driving on a blood alcohol concentration of .08 or more.

After the jury returned with their verdict, Mr. Feyzjou filed a motion to dismiss the entire case pursuant to Penal Code 1385. The judge granted this request on the theory that the Judge, as the 13th juror, could independently evaluate the the case and determine whether the matter should be refiled.

After hearing the evidence, the court determined there was insufficient evidence to warrant a re-trial and the case was dismissed.


Burglary and perjury charges (felonies) dismissed. Misdemeanor sentence imposed.

FACTS:

Client is charged with committing two felonies (Burglary and Perjury) while at the DMV. Through our investigation, we are able to demonstrate that the felony charges are inappropriate for the Defendant’s conduct. Our client was initially given a State Prison sentence to resolve this case. Ultimately, we continue to aggressively defend these charges and the felonies are dismissed. The client pleads to a misdemeanor violation of the law and is released from jail and is able to Christmas with his family.

RESULT:

Felony charges dismissed. Client pleads guilty to a misdemeanor. Client is released and avoids mandatory deportation and a felony.

VIEW PDF DISMISSAL OF FELONY CHARGES BY CLICKING HERE


Drug Case-Case dismissed-Violation of Client’s Constitutional Rights

FACTS:

A suppression motion, commonly referred to as a PC 1538.5 motion is an opportunity a defense attorney can utilize to suppress certain evidence illegally obtained. In the instant case, Marco was arrested and charged with possession of a controlled substance for sale. We have attached the first transcript of the preliminary hearing which shows that the Judge listened to evidence and ruled that the evidence seized from our client was done in violation of our client’s Legal and Constitutional Rights. Accordingly, please see page 23 of the Transcript (People v. Marco – Dated November 25, 2008) and you will see that the Judge dismissed the charges against our client.  Please see the detailed cross-examination of Mr. Feyzjou which led to the charges being dismissed. We have attached the complete court reporter’s transcript of the court proceeding (please note that case numbers and the full legal name of the Defendant have been blocked out for privacy purposes).

RESULT:

Case dismissed.

VIEW PDF OF THE FIRST DISMISSAL HERE

 

Interestingly, the law permits the prosecution to re-file charges that were dismissed. In other words, the prosecution gets two bites at the apple. Therefore, the prosecution re-filed the case and re-alleged the same violations of law. However, our office re-filed the Suppression Motion arguing that the Defendant’s rights were still violated. The next hearing for the suppression motion was December 19, 2008. The prosecution put on their witnesses and evidence. Again, the prosecution lost. The entire transcript is attached herein for your review. All of the charges against our client was dismissed. This was the second bite at the apple and the Judge dismissed the case in its entirety and the client was able to go home. Please review the preliminary hearing transcript which is attached below here.  This case stands for the proposition that aggressive representation, detailed questioning of law enforcement coupled with experience can lead a court to be sufficiently persuaded to dismiss charges that were brought against a Defendant in violation of a Defendant’s constitutional rights. Don’t just plead gulity. Call KIA LAW FIRM to discuss your particular fact pattern. If your rights have been violated, you too can possibly have your charges dismissed. There is never a consultation fee to speak to a lawyer at KIA LAW FIRM. We are available 24/7.

VIEW PDF OF DISMISSAL OF ENTIRE CHARGES HERE


Sexual battery charges case dismissed client released

Charges: Client was arrested on the allegation that he engaged in violations of two felony counts of (1) Sexual Battery in violation of Penal Code 243.4(a), as well as (2) Penal Code 236, False Imprisonment. Upon initial interview, the client indicated that he was innocent and that the charges were falsely made. Through our investigation, we determined that the allegations were false. We presented the San Bernardino County District Attorney with evidence, declarations and other items of material nature to demonstrate that the so-called victim in this matter had brought charges against our client without any basis

VIEW PDF OF DISMISSAL OF CASE HERE

Case ————— Defendant, BRIAN 

Filed Charges
Count Charge Severity Description Violation Date Plea Status
PC 243.4(A)  SEXUAL BATTERY  09/24/2009  NOT GUILTY  DISMISSED 
PC 236  FALSE IMPRISONMENT  09/24/2009  NOT GUILTY  DISMISSED 
Other Charges
Count Charge Severity Description Violation Date Plea Status
999  PC 290  REQUIREMENT TO REGISTER AS SEX OFFENDER  09/24/2009  N/A   
999  PC 296  REQUIREMENT TO PROVIDE SPECIMENS, SAMPLES & PRINTS  09/24/2009  N/A   

Motion to vacate plea granted. Client was able to remain in this country.

Charges: Client was charged with Domestic Violence, PC 273.5, a deportable offense according to the US Immigration Laws. We filed a Motion to Vacate the plea agreement on the grounds that the conviction was based on a violation of our client’s constitutional rights. Attached herein you will see the arguments that we raised. The prosecution was ultimately willing to “vacate” or “remove” the original charges of PC 273.5 (Domestic Violence Causing Traumatic Injury) and amend the charges to include a violation of PC 242 (Simple Battery).  These changes allowed the Defendant to adjust his immigration status to remain in this country.

Results: Charges Reduced to a Non-Deportable Conviction – Allowing Client to Become a US Citizen

VIEW PDF OF OFFICIAL COURT TRANSCRIPT HERE


Drunk driving charges 01/20/2012 reduced to an infraction driving slow

Charges: Client was arrested for drunk driving. Through aggressive representation, we were able to reduce this Drunk Driving Charge to an infraction. This means, client retained his drivers license and this was not a misdemeanor.

VIEW PDF HERE

Result: Infraction.

Arrest Charges
Count Charge Severity Description Violation Date Plea Status
VC M23152(A)  Driving Under the Influence  12/04/2010     
Filed Charges
Count Charge Severity Description Violation Date Plea Status
VC M23152(A)  Driving Under the Influence  12/04/2010  NOT GUILTY  DISMISSED 
VC 21651A  Slower Vehicle – Left Lane  12/04/2010    ACTIVE 

Domestic violence case charges dismissed

Charges:

Our client was charged with two counts of domestic violence as felonies, along with two additional misdemeanor charges.

Infor Charges
Count Charge Severity Description Violation Date Plea Status
PC 273.5(A)  INFLICT CORPORAL INJ ON SPOUSE/COHABITANT  05/24/2011  NOT GUILTY  DISMISSED 
PC 273.5(A)  INFLICT CORPORAL INJ ON SPOUSE/COHABITANT  05/24/2011  NOT GUILTY  DISMISSED 
PC M591.5  INTERFERANCE WITH A WIRELESS COMMUNICATION DEVICE  05/24/2011  NOT GUILTY  DISMISSED 
PC M591.5  INTERFERANCE WITH A WIRELESS COMMUNICATION DEVICE  05/24/2011  NOT GUILTY  DISMISSED 

Result:

Case Dismissed. See Results Below

VIEW PDF HERE


Not guilty verdict, hung jury, client is released

Charges: Client was charged with multiple violations, including making terrorist threats (PC 422), assault with a deadly weapon (PC245(a)(1), burglary (PC 459), Vandalism (PC594(a), etc. This matter went to jury trial.

 

Result: At jury trial, the jurors could not reach a unanimous verdict on the 2 strike allegations of Assault with a Deadly Weapon or making terrorist threats. Accordingly, those two charges were a mistrial. The jury returned a verdict of not guilty on burglary and vandalism and returned a verdict of guilty as to battery – which was a misdemeanor.   The District Attorney did not retry the case. The matter settled for a simple assault – PC 240 – which was a misdemeanor. On behalf of the client, we were able to avoid a felony conviction, avoid the two strikes and avoid state prison.

VIEW PDF RESULT


Sexual assault charges case dismissed. Client is released.

Charge:  Sexual Assault

Result:    Dismissal

Filed Charges
Count Charge Severity Description Violation Date Plea Status
PC 288(C)(1)  LEWD OR LASCIVIOUS ACTS W/CHLD 14 OR 15 YRS  06/01/2008  NOT GUILTY  HTA 
Infor Charges
Count Charge Severity Description Violation Date Plea Status
PC 288(C)(1)  LEWD OR LASCIVIOUS ACTS W/CHLD 14 OR 15 YRS  06/01/2008  NOT GUILTY  DISMISSED 
PC 288(C)(1)  LEWD OR LASCIVIOUS ACTS W/CHLD 14 OR 15 YRS  06/01/2008  NOT GUILTY  DISMISSED 
PC 288(C)(1)  LEWD OR LASCIVIOUS ACTS W/CHLD 14 OR 15 YRS  06/01/2008  NOT GUILTY  DISMISSED

Our client was falsely accused of lewd conduct. Through our investigation, we were able to persuade the San Bernardino County District Attorney that the charges were unsubstantiated and they should be dismissed.

VIEW PDF HERE


Possession of cocaine charges – Case dismissed LA Superior Court

Charges:

Felony- Health and Safety Code 11350

Results:

Case Dismissed

See PDF of Dismissal Here


Felony Charges Dismissed. Reduced to misdemeanor assault on the day of trial.

Infor Charges
Count Charge Severity Description Violation Date Plea Status
PC 245(A)(1)  ASSAULT WITH DEADLY WEAPON NOT FIREARM OR FORCE:GBI LIKELY  01/04/2011  NOT GUILTY  DISMISSED 
PC 422  THREATEN CRIME  01/04/2011  NOT GUILTY  DISMISSED 

Charges: Client was charged with three felony counts of making terrorist threats (PC 422), assault with a deadly weapon (PC 245(a)(1), as well as Burglary (PC 459). The alleged victim in this matter was shown to be entirely unreliable in his statements to the police. We announced ready for trial, and, prior to picking a jury, the prosecution offered our client the opportunity to plead guilty to one charge of simple assault, a misdemeanor. The client accepted the offer, avoided a state prison charge, avoided two strikes and was able to maintain his employment.

Result: Charges reduced to a simple assault charge.

Ismael Minutes


Trial Update: Hung jury verdict prosecution unable to convict client at trial

Charges:

Felony-PC 288(a) Lewd act child under 14yrs

Results:

This is a case that went to trial. We were able to successfully persuade the Jury that the charges against Mr. Llamas were unsubstantiated. The jury was deadlocked after having attempted to reach a verdict. In the criminal defense world, a hung jury results in a mistrial. This means that the Prosecution was unable to persuade 12 jurors that our client is guilty. Preventing a conviction is always a win. 

View PDF here


Case dismissed – Driving on a suspended license

Charges:

Misdemeanor- VC 14601.2(a) Driving on a suspended license

Misdemeanor- VC 14601.1 Prior driving on a suspended license

Misdemeanor- VC 14601.2 Prior Suspended CDL

Results:

Case Dismissed

View PDF here


Felony burglary charges dismissed. Client pleads to misdemeanor shoplifting charge

Charges:

Felony- PC 459 Burglary

Results:

Felony charge reduced to Misdemeanor- PC 490.5 Shoplifting

View PDF here


Drug charges dismissed. Possession of MDMA client goes home.

Filed Charges
Count Charge Severity Description Violation Date Plea Status
HS 11379(A)  TRANSPORT/ETC CONTROLLED SUBSTANCE  09/22/2011  NOT GUILTY  DISMISSED 
HS 11378  POSSESSION CONTROLLED SUBST FOR SALE  09/22/2011  NOT GUILTY  DISMISSED

Charges:

Felony- HS 11379 (a) Transport controlled substance

Felony-HS 11378 Possession controlled substance for sale

Results:

Case Dismissed

View PDF Here