Below are some examples of results we have obtained in our cases. To ensure our clients’ privacy, no names or case numbers are provided here. Please keep in mind that every case is different, and no attorney can ever guarantee a particular result. By listing these example results, we do not intend to and do not guarantee a particular result in your case.
GENERAL CRIMINAL DEFENSE
January 2019: Acquittal of felony domestic violence charges. Our client was charged with felony domestic violence and false imprisonment. The jury acquitted him of the felony charges and convicted him only of a misdemeanor battery charge our client admitted.
False Accusation of Child Molestation. Our client was charged with 14 counts of child molestation against two minors. He was facing life in prison. After a 2.5-week jury trial, our client was acquitted of all 14 counts. Read about it here.
Attempted murder resolved for 2-year sentence. Our client was charged with attempted murder for a stabbing incident that resulted in serious injury to the other person. After putting on our defense of self-defense at the preliminary hearing, our client accepted the prosecution’s new offer of one felony charge of assault with a deadly weapon for 2 years in prison.
Attempted murder resolved for 6-year sentence. Our client was charged with premeditated attempted murder, kidnapping for ransom, assault with a firearm, dissuading a witness, and felony false imprisonment. He faced life in prison without the possibility of parole. After extensive investigation and negotiation we resolved the case for one felony charge of dissuading a witness for 6 years in prison.
Mistaken Identity attempted armed robbery. Our client was charged with attempting to rob a pizza shop with a gun. The police arrested our client and his co-defendant because they were near the scene of the crime, and the pizza shop employee mistakenly identified them as the attempted robbers. Both our client and his co-defendant were found not guilty by a jury.
Possession of child pornography dismissed at preliminary hearing. Our client was charged with possession of child pornography for some files he inadvertently downloaded while downloading adult pornography. Through detailed and well-researched cross-examination of the prosecution’s computer expert, we convinced the judge that the location of the files on our client’s computer failed to prove he had knowledge the files were on his computer. The judge dismissed the case after the preliminary hearing.
Acquitted of battery on a parking officer. Our client got into a scuffle with a parking officer and a tow truck driver when his truck was being towed from where it was parked outside of his home. We took the case to trial, and our client was acquitted of battery on the parking officer, but convicted of simple battery on the tow truck driver. He was placed on probation and given community service.
No charges filed after arrest for felony domestic violence. Our client was arrested for two felony domestic violence offenses. The alleged victim did not press charges. We worked with the prosecution and the alleged victim’s attorney, and the prosecution declined to file charges.
Misdemeanor domestic violence resolved for disturbing the peace. Our client, a registered nurse, was charged with domestic violence causing injury against her husband after she found out he was cheating on her. The alleged victim cooperated with the police, there was evidence of injury, and the children witnessed the incident. After extensive negotiations with the prosecution, the matter resolved for a misdemeanor violation of disturbing the peace by loud noise. (Penal Code section 415.)
Domestic violence resolved for infraction. Our client, a medical doctor, was charged with domestic violence with injury for an incident that occurred with his wife when they were both very intoxicated. There were independent witnesses to the incident. After investigation and negotiation, the matter resolved for an infraction for disturbing the peace by loud noise, which had no impact on our client’s medical license.
Not guilty of misdemeanor resisting arrest for refusing to talk to an officer. Our client was arrested when he refused to cooperate with a police officer’s investigation. The officer did not know if any crime had been committed, but she was suspicious and wanted to question our client. He refused, and the officer arrested him. The jury agreed that our client had no obligation to help the officer under these circumstances, and acquitted him of the misdemeanor charge of obstructing an officer.
Possession of marijuana for sale dismissed by the judge after preliminary hearing. Our client was charged along with her husband with possessing marijuana for sale and cultivating marijuana. (This was before marijuana was legalized.) The judge agreed with our argument that there was insufficient evidence our client had any right to control the marijuana or the plants, and dismissed the charges against our client.
REPRESENTATIVE DUI CASES
.18 DUI resolves for simple reckless driving, no license suspension. Our client was arrested for driving under the influence after another driver on the road called 911 to report our client as a drunk driver. Our client submitted to a blood test, and was found to have a blood alcohol level of .18, and marijuana in his system. We litigated a motion to suppress the blood results due to the officer’s improper advisement of our client regarding his right to refuse to submit to the blood draw. The judge granted our motion to suppress, precluding the prosecution from using the blood test results against our client. The prosecution appealed that ruling, and after a year of litigating the appeal, the original ruling was affirmed. We resolved the case with a simple reckless driving charge (“dry reckless”) with no probation, and a “not guilty” finding on the DUI, which reversed the DMV’s prior suspension of our client’s license.
Evidence suppressed due to illegal search. Our client was seen near the scene of an accident with a car on fire. An officer detained our client to find out if he was related to the accident. Our client denied being involved. The officer searched him, found evidence connecting him to the car, then interrogated him without reading him his rights. The judge agreed with us the officer’s search of our client was illegal, and suppressed all evidence obtained after the search, including the evidence connecting the client to the car, all the client’s statement, and his breath test.
.24 DUI resolved for stop sign infraction. Our client was charged with DUI. The police took a sample of his blood, which showed a blood alcohol level of .24. We moved to suppress the blood test on the grounds that the police coerced our client to consent to the blood draw. Our motion was granted and the judge ruled the prosecutor could not use the blood evidence against our client. The prosecution appealed that decision, and the judge’s ruling was affirmed on appeal. The case was then set for trial. On the eve of trial, the prosecution offered our client a plea to a stop sign infraction in exchange for dismissal of the DUI, which he accepted.
DUI dismissed. Our client was charged with DUI. His blood results came back .04 blood alcohol level, and positive for cocaine and marijuana. We persuaded the prosecutor to dismiss the case.
Commercial license saved. Our client was charged with DUI on New Year’s Eve with a .08/.09 breath test. We won the DMV hearing with an expert witness who testified about the likelihood the breath test was contaminated by our client’s recent use of chewing tobacco. Our client accepted a wet reckless plea on the criminal case to ensure his commercial driver license would not be revoked.
Driver license saved with wet reckless plea and “Helmandollar.” Our client was charged with DUI after he was pulled over for not having his headlights on, just blocks away from the restaurant he was eating at in St. Helena. His breath test results were .10. We were able to convince the prosecutor to give him a “wet reckless” charge, and to stipulate to an acquittal of the DUI charge (a “Helmandollar”), which meant our client’s driver license was never suspended or restricted.
Won refusal hearing at DMV. Our client hired us to represent him at DMV, where he was facing a two-year license suspension for a refusal with a prior DUI. We fought the suspension over the course of 4 separate hearing sessions, and we won.
Not guilty verdict - prescription drug DUI. Our client was arrested for DUI after he was swerving on the road. When the officer investigated, she found signs he was under the influence of prescription medications, including slurred speech, confused demeanor, and a disheveled appearance. Our client’s blood showed prescription medications in his system. The jury acquitted our client of DUI after trial.
.25 DUI with serious daytime accident resolved with no further jail. Our client drove into a parked car in the middle of the day, on a busy street with several pedestrians nearby. The aftermath of the accident and the interview of our highly intoxicated client were all depicted on very clear body camera footage. Our client got into alcohol treatment immediately, and we were able to resolve the case with no additional jail time, but with continued treatment and community service instead.
Plea Withdrawn for Unrepresented Defendant. Our client, an immigrant who did not speak or understand English, was arrested for misdemeanor domestic violence. He was taken to court in custody and the judge gave him an offer to plead and get out of jail. He accepted the offer without talking to a lawyer, without understanding the charges, and without knowing what the immigration consequences would be. After he was released from jail, our client learned he had accepted a plea that would make him immediately deportable. He sought our counsel. We successfully moved to withdraw his plea on the grounds that his plea was not knowing and intelligently made. Our client’s case eventually resolved for a disturbing the peace infraction, a minor offense with no immigration consequences.
Plea Withdrawn for Unrepresented Defendant. Our client, another immigrant who did not speak or understand English, was charged with suspended license offenses. He went to court without an attorney, and the judge made him an offer to resolve the case, which included entering a plea and serving 30 days in jail. Our client accepted the offer without realizing he had any option to refuse it, without knowing he could ask for a lawyer, and without understanding the charges or possible defenses to the charges. We moved to withdraw his plea on the grounds that his plea was not knowing and intelligently made. The District Attorney conceded our motion and the judge ordered our client’s plea withdrawn.
Domestic Violence case not filed. We represented an alleged victim who reported his live-in girlfriend to the police for domestic violence, and she was arrested. After extensive discussions with the prosecution and the defendant’s attorney, the prosecution declined to file charges.
Felony domestic violence dismissed at preliminary hearing. Our client’s wife was arrested for domestic violence after family members reported an assault with injury to police. Our client never wanted to press charges. He hired us to advise him of his rights and obligations, and to communicate on his behalf with the prosecution. The case was dismissed against his wife at the preliminary hearing.
Sexting case. Our client was investigated by police for sexting on his cell phone, involving several juveniles. We communicated with the police and prosecutor before any filing decision was made, and the prosecution declined to file.
Possession of knife at school case dismissed. Our client was arrested for possessing a knife at juvenile hall. We noticed our client seemed to have some developmental delays so we asked the court to appoint a psychologist to assess him for developmental disability. Based on the psychologists’s report our client was referred to the local Regional Center for developmental services, which he will be able to receive for the rest of his life. Over the objection of the prosecution, the court dismissed the juvenile delinquency case.
Misdemeanors only after contest. Our client was charged with several sexual assault and battery charges against multiple girls, and a weapon offense. We fought the case at a contested hearing in front of the judge. While the judge found our client committed most of the offenses, he was convinced by our mitigating evidence and argument that the client should not have any felonies on his record. He was placed on juvenile probation for misdemeanors only.
SCHOOL DISCIPLINE DEFENSE
Napa Football Hazing. Our client was alleged to have participated in hazing as part of the Napa High School football team in 2016. Napa High School officials recommended our client be expelled. The first step of an expulsion process is a hearing to extend the student’s suspension pending the expulsion hearing. We contested the extension of our client’s suspension, and won that hearing. Our client was allowed to remain in school, and the school ultimately decided not to follow through with the efforts to expel him.
Pleasanton Middle School suspensions. Three middle school students in Pleasanton were suspended for failing to report misconduct of another student. We appealed the suspension at the district level and the suspensions were immediately reversed.
Berkeley High School suspensions reversed. Two Berkeley High School students were suspended, one for posting an emoji approving an offensive Instagram post, and the other for sending a text message the school believed constituted bullying. The school failed to comply with proper procedures in both instances. On appeal to the district, both suspensions were reversed on procedural grounds.