Recent Cases 2014


Rape Charges Dismissed Against Our Client, A Local Pastor on 11/21/14

CLICK HERE FOR DISMISSAL OF CHARGES

CLICK HERE TO SEE CBS STORY ON THE CASE

PRESS RELEASE – PERRIS: Rape charge against pastor dismissed – Press Enterprise

Our client was charged with extremely serious allegations of rape. We met with him and he explained he was falsely accused. After several months of defense investigation, we gathered significant evidence to substantiate the falsity of the allegations against him. We presented our case to the District Attorney.

On 11/21/2014, the charges against our client were dismissed in its entirety. We are in the process of preparing Press Releases to all the local print and online news organizations.

If you have any questions about a new or existing criminal case that you’re involved in, call our office at 951 686-4818 or email Mr. Kia Feyzjou at The Kia Feyzjou Law Firm at kia@kialaw.com


DUI Charges Dismissed on Sept 25, 2014 Case Settles For Reckless Driving

Arrest Charges
Count Charge Severity Description Violation Date Plea Status
VC 23152(E)  Drive under the influence of drugs  03/05/2014     
Filed Charges
Count Charge Severity Description Violation Date Plea Status
VC 23152(E)  Drive under the influence of drugs  03/05/2014  NOT GUILTY  DISMISSED 
Amended Charges
Count Charge Severity Description Violation Date Plea Status
VC 23103(A)  Reckless Driving  03/05/2014  GUILTY  CONVICTED

Kia Law Firm is pleased to report a recent result related to a drunk driving case that resolved on September 25, 2014. Our client, Mr. Ball, was charged with driving under the influence of drugs pertaining to an arrest in March 2014.

Our office was successful in dismissing the DUI related traffic stop and resolving the matter for a non-drunk driving related charge which meant our client’s drivers license was not affected. A “dry reckless” is essentially a non-DUI related conviction.

CLICK HERE FOR DISMISSAL OF DUI CHARGES BY ATTORNEY KIA FEYZJOU


September 2, 2014 Felony (Strike) Charges Dismissed, Prison Avoided. Settled For Misdemeanor. Client Is Released From Jail

Mr. Baranda was arrested for first degree residential burglary. He was arrested because the arresting officer believed he had sufficient probable cause to arrest Mr. Baranda. Mr. Baranda was brought to court and offered 2 years state prison with the assistance of the public defender. Mr. Baranda always proclaimed his innocence and told everyone that he did not burglarize anyone’s residence.

On July 31, 2014, I met with Mr. Baranda and we discussed this case. I told him that he had a strong defensible case and that we would set the matter for trial. The trial date was set for August 28, 2014. I appeared on August 28, 2014 with Mr. Baranda and we told the court that we were ready for trial. The court told us to come back on September 2, 2014 to start trial and picking a jury.

All of our witnesses and evidence was in order to start trial and prove that our client was NOT GUILTY of these charges. On September 2, 2014, the prosecutor re-evaluated their case against Mr. Baranda and offered him a misdemeanor Burglary charge to resolve this case and allowed him to be released. He was placed on Summary Probation. He does not have to report to any probation officer, is not a convicted felon and does not have a strike on his record.

Mr. Baranda was innocently jailed for 112 days. He did not want to go through the ordeal of a trial and agreed to accept a misdemeanor and be released and allowed to go home. While we thought that Mr. Baranda should have gone to trial, we respect his decision and still consider it a great outcome.

Attached below are the minutes from Mr. Baranda’s case. You can see when our office substituted in as the attorney of record, as well as the state prison offer and the final misdemeanor resolution.

Great lawyering comes from great preparation and experience. The lawyers at Kia Law Firm can assist with your case 24/7.

CLICK HERE FOR COURT RECORDS SHOWING DISMISSAL OF FELONIES


Not Guilty Jury Verdict On August 18th 2014 on Behalf of Our Client, A County Probation Officer

CLICK HERE FOR THE VERDICT

CLICK HERE FOR NEWSPAPER ARTICLE (PRESS ENTERPRISE) DESCRIBING NOT GUILTY VERDICT

Our client is Juan Avila. He is a San Bernardino County Probation Officer.  The Riverside District Attorney’s Office filed charges against Mr. Avila for one count of Battery in violation of 242 for an offense that occurred on May 17, 2013. Both our client and I felt that the charges against Mr. Avila were unsupported by the law and evidence.  Juan and I decided to challenge the state’s evidence and we were focused on proving to a jury of his peers that Mr. Avila was not guilty of those charges.

We started trial on August 7, 2014. On August 18, 2014, 12 jurors from Riverside County voted that Mr. Avila was not guilty of the charges. Mr. Avila can now return to his work and resume his duties as a San Bernardino County Correction Probation Officer.

A law firm is talented in high stakes criminal prosecution matters.  We are focused on justice. Justice was served on August 18, 2014.

If you  have any legal issues that you would want a second opinion on, please contact our law firm at (951) 686-4818.

Case RIM1310300 – Defendants

Seq Defendant Next Court Date Status Agency /
DR Number
Arrest Date Count 1 Charge Violation Date
1 AVILA, JUAN URIEL RSNO
G131370031
05/17/2013 PC M242 05/17/2013

Case RIM1310300 – AVILA, JUAN URIEL – Status

  Custody N/A
Filing Type Complaint Filing Date 07/09/2013
Ordered Bail $35,000.00 Posted Bail $0.00
D.A. Amberlie Romney Defense PVT-Kia Feyzjou
Next Action: Deputy Report #: RSNO G131370031
Warrant Type Status Issued Affidavit
  NONE  N/A  N/A 
Probation Type Granted Expiration
  N/A N/A N/A
Sentence Convicted Date Fine and Penalty Restitution Fine
  N/A   

Case RIM1310300 – AVILA, JUAN URIEL – Charges

Arrest Charges
Count Charge Severity Description Violation Date Plea Status
1 PC 243D M Force/Serious/Injury 05/17/2013
Filed Charges
Count Charge Severity Description Violation Date Plea Status
1 PC M242 M Battery 05/17/2013 ACQUITTED

All DUI Charges Dismissed on April 28, 2014

Client had a warrant for a 2008 DUI. Our office filed a motion to dismiss, commonly referred to as a Serna Motion. On April 28, 2014, we had a hearing in the Orange County Superior Court – Santa Ana Branch. After reviewing our evidence and listening to our argument, the court agreed to dismiss all of the charges against the Defendant. Click this link for a copy of the court dismissal record. 


Client is Facing 9 Years In Prison, With a Prior Strike And 2 Felonies Settles For A Misdemeanor And Is Released From Jail

CLICK HERE TO SEE THE CASE REPORT

 

Filed Charges
Count Charge Severity Description Violation Date
1 VC 10801 F OWN/ETC CHOP SHOP 08/01/2013
2 PC 30305(A) (1) F PROHIBITED PERSON OWN/ETC AMMO/ETC 08/01/2013
Amended Charges
Count Charge Severity Description Violation Date
3 PC M496D(A) M BUY OR RECEIVE STOLEN PROPERTY 08/01/2013

This is the story of Mr. Larios. He was arrested and charged with operating a “Chop Shop”, essentially dealing with stolen cars and selling their parts. Mr. Larios was offered 4 years in Prison when he was represented by the Deputy Public Defender. He was in custody for six months before he decided to hire our office.

Mr. Larios had a prior strike from 2008 and the prosecutor initially wanted State Prison when Mr. Larios attempted to settle the case initially. After we substituted in, we presented all of the weaknesses of the prosecution’s case to the handling attorney on behalf of the San Bernardino District Attorney’s Office.

On April 9, 2014, after careful consideration, the prosecution agreed to dismiss the two felony charges and the strike prior against Mr. Larios in exchange for him pleading to a Misdemeanor. Mr. Larios was released the same day to his family.

So, how did we get the prosecution offer to reduce considerably? Quite simple: We evaluated the case, the facts, the witnesses and evidence and determined that the prosecution could not prove their case beyond a reasonable doubt that Mr. Larios had engaged in unlawful criminal misconduct. At first, the prosecution was not in agreement with our analysis, however, they returned within 30 minutes and agreed to a reduction of the charges.

Had Mr. Larios taken the prosecution deal that was initially presented to him, he would have been serving 80% of 48 months.


Client Hires Mr. Feyzjou In Feb 2014 To Avoid Going Into Custody And Getting Deported. Successful Result. Teamwork.

The story of Mr. Ojeda is interesting and very common. Often, a man or women gets arrested for domestic violence and they immediately plead guilty.  In this case, Mr. Ojeda was involved in an unfortunate act of domestic violence in November 2008. On his initial court date, he pled guilty in an attempt to just come home and resume his relationship with his girlfriend. However, it wasn’t as easy as it sounded. When he was released, he had a hard time finding a job, had trouble in his relationship and did not comply with the terms and conditions of his probation. Therefore, on Dec 15, 2008, he was unable to attend his Domestic Violence classes and he was terminated from probation. A warrant was issued for his arrest.  Several weeks later, with his former attorney, he appeared in court and asked to be reinstated. Yet, he failed to do his classes and in Feb 2009, he was once again kicked out of additional classes he was required to do.

Several years went by and Mr. Ojeda was too nervous to come to court. Eventually, he got the courage to get to court several years later. On February 5, 2014, he forced himself to walk back into court and add the case on calendar. Our office was not yet retained at this point.  Mr. Ojeda used the services of a public defender and tried to explain what had caused him to fall apart over the years. The public defender was then appointed to assist him on Valentines day, February 14, 2014. On that date, Mr. Ojeda agreed once again that he failed to do his domestic violence classes, as well as his weekend community service.  His warrant was recalled and he was ordered to do 180 days of jail. Mr. Ojeda didn’t exactly know what was going on, he sensed something was wrong and heard the Judge say that he was now ordered to do 180 days in jail. Nervous and scared, he believed he had no choice but to agree. He was then given one week to turn himself in on February 21, 2014. If you click on the link below, you can follow the highlighted portions of the attached records confirming these dates.

When Mr. Ojeda came home to his wife, he explained what had happened in court and that he was ordered to surrender in a weeks’s time. This was a horrific Valentines day for Mr. Ojeda because when he came home, he realized that by next week he would be in jail and ultimately deported. Indeed, Mr. Ojeda is what is commonly referred to as an Undocumented Alien. In this day and age, ICE (Immigration Customs and Enforcement) will deport those accused of domestic violence. Mr. Ojeda was then referred to our office for evaluation.

On February 21, 2014, attorney Kia Feyzjou appeared in court with Mr. Ojeda. Mr. Ojeda was advised to bring all of his employment records from when he was employed to substantiate the great impact the surrender and unfortunate deportation that this would cause his family. We appeared in court with over 1000 pages of documents, evidencing Mr. Ojeda’s arrival to the USA when he was months old.

Ultimately, the Judge and Prosecutor agreed to give Mr. Ojeda a final break to complete his classes and work release requirements. Despite having been on probation since 2008, having failed to essentially do anything with his case, we were able to successfully persuade the Court to grant him one last opportunity to demonstrate that he is a changed man.

At the Kia Law Firm, our focus is not just on the client, but his family as well. We realize that clients need white-glove treatment, that people make mistakes and can show that they are willing to change.

Mr. Ojeda has obtained a final change in remaining in this country and has avoided what would have been immediate deportation to a foreign country that he left when he was an infant.

CLICK HERE TO SEE THE COURT RECORD FOR MR. OJEDA


Client Arrested For Felony Theft Charges. All Charges Dismissed In Jan 2014

Our client, Mr. Campos, was arrested for a felony theft arrest and he was released on $20,000 bail. Ultimately, the prosecutor charged Mr. Campos with a misdemeanor theft charge. Mr. Campos retained the Kia Law Firm to represent him. On his behalf, we were successful to persuade the court to give Mr. Campos an opportunity to attend some classes and return with proof that he completed them. Over the prosecutor’s objection, the Judge in this case agreed to dismiss the charge against Mr. Campos. Essentially, this is not an expungement. This is a complete dismissal of the charges. Mr. Campos pled guilty to the theft charge, however, a guilty plea alone without being sentenced is beneficial to the Defendant. Since Mr. Campos was never sentenced, he was able to get his case dismissed in what is commonly referred to as “formal diversion”. This is a unique and rare opportunity to get a glimpse of what a formal diversion process is. A client may plead guilty at first, however, upon successful completion of certain terms and conditions, a client can return and have all of the charges dismissed. Unlike an expungement, successful completion of formal diversion leaves no marks on your record. You have never been convicted of any charges, therefore, on any direct application for employment to any state agency or for public licensure, someone who has successfully complied with the terms and conditions of formal diversion can state “no”, to any questions asking if they have been convicted of any misdemeanors. In Mr. Campos’ case, he is now able to obtain his public licensure in his field without any unnecessary roadblocks by the licensing state agency.

CLICK HERE TO SEE THE DISMISSAL OF THE CHARGES


Case Dismissed Dec 2013

Filed Charges
Count Charge Severity Description Violation Date Plea Status
VC M12500(A)  DRIVE W/O LICENSE  10/07/2013  NOT GUILTY  DISMISSED 

Case  Defendant 4103815 JOSE LUIS – Actions/Minutes 

Action Date Action Text Disposition Hearing Type
12/24/2013 8:30 AM DEPT. S6 PRE-TRIAL  DISPOSED  TRC 
Minutes
DOUGLAS N GERICKE, J-JUDGE 
CLERK: A2414-MARIE BARTHOLOMEW 
BAILIFF NONE 
APPEARANCES
DEPUTY DISTRICT ATTORNEY COLIN CHILD PRESENT. 
ATTORNEY KIA FEYZJOU PRESENT. 
PURSUANT TO SECTION 977 PC, COUNSEL PRESENT WITHOUT DEFENDANT.
PROCEEDINGS
ACTION CAME ON FOR PRETRIAL
PLEA BARGAIN AGREEMENT FILED.
DISMISSALS
ON MOTION OF DEPUTY DISTRICT ATTORNEY, CASE DISMISSED PURSUANT TO INSUFFICIENT EVIDENCE TO PROSECUTE. REASON 1100 PC 
CUSTODY STATUS
DEFENDANT RELEASED.
============= MINUTE ORDER END ================

Aggressive lawyering results in dismissal of all charges

Our client was cited for driving without a license.

Mr. Feyzjou was able to persuade the prosecutor to dismiss all the charges against the client.

CLICK HERE TO SEE COURT DISMISSING CHARGES


Not Guilty Verdict in Drunk Driving Case on February 10, 2014!

Mr. Feyzjou recently concluded a DUI trial in the Los Angeles Superior Court – Alhambra Branch. The jury returned with a verdict of not guilty as to whether our client was driving impaired. The jury could not reach a verdict as to whether or not our client was driving on .08 or higher at the time of the investigative detention.

CLICK HERE TO SEE THE ACTUAL NOT GUILTY VERDICT

Mr. Feyzjou aggressively defends against all types of criminal charges. What makes our website special is that when we say we obtained a particular result, we just don’t discuss it, we actually provide links to court records to back up our results. This brings confidence to you that we not only know what we are doing, but that we are providing you with the records that back it up.

If you have any questions about criminal defense, please call our office at (951) 686-4818 or contact us at kia@kialaw.com.