Recent Legal Victories in California

Here is a small sample of some of our recent courtroom results across Southern California:

Blood test excluded in DUI murder case

People v. J.F. (Riverside County, Southwest Justice Center, 2016)

Our client was charged with a second degree "Watson Murder" based on DUI. At the preliminary hearing our office challenged the constitutionality of the blood draw. The Judge agreed that our client's blood had been obtained without a warrant or the client's consent and the illegally obtained blood evidence was suppressed.

Juvenile criminal threat case dismissed

In the Matter of C.M. (San Bernardino County Juvenile Court, Match 2016)

Our client was expelled and arrested for allegedly making criminal threats against a classmate. After we negotiated with the prosecutor, the charges were dismissed.

Sexual battery charges dismissed

People v. D.R. (LAPD, March 2016)

Our client was being investigated for sexual battery. But after our attorneys presented the LAPD with our client's side of the story and supporting evidence, both the D.A. and the police detective in charge rejected the case.

Favorable plea bargain for alleged sex offense

People v. W.S. (Los Angeles Superior Court, Norwalk, 2016)

Our client was charged with two felony counts of failure to register as a sex offender under California Penal Code 290 PC. Our client's prior attorney had been unable to negotiate a more favorable deal than two years in prison. But after our investigation uncovered inconsistencies in the case, which we showed to the D.A., the client served just 30 days instead of two years.

Successful challenge to DUI breath test

DMV v. AA (EL Segundo DMV hearing, 2016)

Our underage client was arrested after two preliminary breath tests showed blood alcohol content reading of 0.26 and 0.18%, well above the legal limit of .01% for drivers under age 21. We challenged the validity of the results based on violations of proper California breath testing procedures. The client's DMV action was set aside and she retained her driver's license rather than losing it for a year.

Client "not guilty" in “Dancing Penis” Case

People v. DE (San Diego County Superior Court, El Cajon Courthouse, 2016)

Our client was charged with California indecent exposure and offered prison time. Despite a prior conviction for indecent exposure, our client maintained his innocence and we believed him. The jury knew about his prior conviction. Nevertheless, after a week-long trial and only a few short hours of deliberation, the jury came back with a verdict of not guilty.

Vehicular manslaughter charges dismissed

People v. D.H. (San Bernardino County, Rancho Cucamonga Courthouse, 2015)

Our client was charged with misdemeanor vehicular manslaughter. During a six-week jury trial, California DUI defense attorney Michael Scafiddi presented expert testimony by an accident reconstructionist. After deliberations, the jury "hung” 9-3 in favor of a not guilty verdict. As a result the prosecutor dismissed the manslaughter charges and the client plead guilty to a Vehicle Code non-criminal infraction instead.

Felony grand theft dismissed

People v. P. M. (Los Angeles Superior Court, LAX, 2015)

After we showed the D.A. problems with identification of our client as the person who had committed felony grand theft, we negotiated a dismissal of the charges in exchange for informal diversion and 60 hours of community service.

Felony burglary charges dismissed

People v. Jami Burrows (Los Angeles Superior Court (LAX) March 2015)

Our client was charged with felony burglary and receiving stolen property. She was facing a strike on her record and six years in prison. We presented evidence to the DA showing that there was no proof for the burglary charge. The charge was dismissed and the client accepted an offer of receiving stolen property with no jail time.

Hung jury on rape charges

People v. R.T. (Los Angeles Superior Court (CCB) June 2015)

We represented a client charged with two counts of rape. He faced two strikes on his record and 47 years in prison. Because he had made statements that sounded like a confession, the DA thought it was an open-and-shut case. But at trial we were able to cast doubt on the alleged victim's credibility with evidence of inconsistent statements and lack of DNA evidence. The jury hung 6-6 and on retrial the DA offered--and the client accepted--one count of misdemeanor sexual battery with no strike and no jail time.

DUI license suspension reversed

J.M. v. Department of Motor Vehicles (San Bernardino County, Writ of Mandamus, February 2015)

The California DMV suspended our client's drivers license after an adminstrative per se hearing for an alleged DUI. Our office filed a writ of mandamus under which we sued the DMV for unlawful suspension of the license. Based on our arguments and expert testimony that our client was not driving under the influence, the Court reversed the DMV's order. Our client was able to keep his license and job as a fire chief.

DUI chemical test refusal dismissed

In the Matter of D.R. (San Diego County, administrative per se hearing, 2015)

After suffering a mental breakdown while driving, our client was arrested for DUI. Although a chemical test showed no drugs or alcohol in his system, the DMV proceeded with an license suspension hearing based on his refusal to submit voluntarily to a chemical test. We were able to prove that our client could not refuse a chemical test within the meaning of the law given his mental state. Our client was able to keep his license and obtain treatment for his mental illness.

Petty theft charges dismissed, no deportation

People v. PA (El Monte Courthouse, November 2015)

Our client was charged with petty theft under Penal Code 488 PC for allegedly taking over $600 worth of merchandise from a department store. The client, who was in the U.S. on a work permit, faced deportation if he was convicted. We successfully worked out a disposition that resulted in all charges being dismissed and allowed him to continue to live and work in the United States.

Domestic violence charge dismissed

People v. HG (2015)

Our client was charged in 2015 with California Penal Code 273.5, corporal injury to a spouse. The charges were based on an incident that occurred in 2001. We successfully moved to have the charges dismissed based on a violation of the client's right to a speedy trial. The client walked with no conviction and no penalties.


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