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:: Pasadena Superior Court
August 2009 

Client was charged with Driving Under the Influence, misdemeanors, in violation of Vehicle Code sections 23152(a) and (b). Client's blood alcohol showed a .08 % and .07 % BAC about 15 minutes after driving. If my client got convicted of a DUI or even a "wet reckless" he would lose his job as a marketing representative at a good firm. I convinced the prosecutor to dismiss the DUI charges and my client plead to a simple speeding ticket, an infraction.

:: Pasadena Superior Court
July 2009

Client was charged with transporting and possessing 50 esctasy pills, felonies. Client was looking at a potential prison sentence or at the very least, he was likely to have a felony conviction with jail time imposed. After extensive conversations with the District Attorney and after providing prosecutor with evidence of client's good behavior prior to and since the incident, including good grades, community activies and college prospects, prosecutor agreed to stipultae to a "creative" resolution in which client could do Diversion, and after completing diversion classes, entire case would be dismissed and sealed. This Diversion program is usually reserved only for first time misdemeanor offenders charged with simple possession, possession of paraphrenalia, or being under the influence of a drug, NOT for felony transportation and possession of drugs. With Diversion, my client got no jail, no probation, and sentencing was postponed to February 2010. At time of sentencing, proof of completion of the weekly class will be filed and the court will then dismiss all charges.  My client will not have a criminal record.

:: Long Beach Superior Court
December 2008

 
Client was on felony probation for receiving stolen property. He was originally ordered to complete 60 days Caltrans as part of his plea.  For two years, Client failed to report to probation and failed to complete his community service.  After numerous probation violations, the judge imposed a three year suspended prison sentence, warning Client that if he violated probation one more time, he will immediately go to prison for the maximum sentence of 3 years. [Normally if a Probationer violates his probation after the court imposed a suspended prison sentence, a judge has no discretion to recall the sentence and must impose the full prison sentence.] After the suspended prison sentence was imposed, Client was arrested on a probation violation for driving on a suspended license and for still failing to complete his community service.  The Public Defender who initially represented Client, coldly stated that there was nothing she could do for him because the law mandated he now serve the 3 year prison sentence that was previously imposed but suspended.  As a full time employee and sole financial supporter of his 2 young children, wife and mother, Client could not afford to go to prison.  
 
In desperation, the family retained me as Client’s attorney.  I immediately took charge of the case, compiled character references, work history and other documents to show the court that Client’s case had mitigating factors and the Court should make the unusual steps of reinstating probation and releasing client from jail.   After lengthy negotiations with the court, and over the District Attorney’s persistent objections, the Judge agreed to give Client one more chance, releasing him back on probation.   Instead of going to prison for 3 years, Client was immediately released from jail, placed back on probation, and­ ordered to complete 60 dates of community Service.

:: Los Angeles Superior Court
December 2009

 
Client had a warrant and probation violation for 1999 DUI that he had ignored for years and a 2001 misdemeanor for driving with a suspended license that he never went to court on.  I got his probation for the 1999 DUI terminated on a technicality and filed a motion to dismiss for lack of speedy trial on the 2001 misdemanor.  The court granted my motion and dismissed his 2001 misdemeanor. As a result, my Client can now get his license back and is no longer on probation for any offense.

 

:: San Bernardino (Rancho) Court
June 2008


My client was charged with felony grand theft. A strike and prison prior was also alleged. The client’s exposure was up to 7 years in prison. The DA would not dismiss the strike or prison prior and refused to reduce the charge to a misdemeanor, which is what it should have been filed as originally. At the preliminary hearing I cross examined both officers and it became clear that the client’s conduct did not rise to the level of a felony. The Judge granted my motion pursuant to Penal Code 17(b) and reduced the charge to a misdemeanor. My client will now receive informal probation with work release.

:: Riverside Court
May 2008


My client had two misdemeanor cases from 2006; one case involved a DUI (driving under the influence with a blood alcohol level of above .08), and the other case involved possession of meth-amphetamine and a pipe. In both cases, my client failed to appear in court for arraignment. I filed a Serna motion (alleging the denial of a speedy trial) in both cases. The court granted my motions and dismissed all the charges.

:: San Bernardino (Rancho) Court
May 2008


My Client was charged with felony possession for sale of marijuana. Twenty-two baggies of marijuana were found in the center console of his vehicle. He claimed that he never sold any drugs and all the marijuana was for his personal use. At first the DA refused to negotiate with me, but after my persistent coaxing and the fact that I convinced the DA that my client was a hard working young man with a nice family who had no other criminal record, I was able to get the charge amended to a misdemeanor. My client plead guilty to misdemeanor possession of marijuana and received Diversion. After his Diversion is completed, the conviction will be dismissed from his record.

:: San Bernardino (Rancho) Court
March 2008


My client was charged with felony theft and he had a prior strike. His bail was set at $150,000, which he had no way of paying. I did a bail reduction motion and the court reduced his bail to $50,000. He was able to obtain $5,000 and was released on bail.

:: Riverside Court
January 2008


My Client, a Mexican National with no legal status, was charged with felony theft; to wit, stealing $1000 worth of plant material from private property. If he got convicted of this offense he’d have been deported and would likely never have been able to obtain legal status in the United States. The DA refused to reduce the charges to a misdemeanor, but after an in-chambers conference with the Judge, the Court agreed with me that the offense was overcharged and granted my motion to reduce the charge to a misdemeanor. My client plead guilty to a misdemeanor theft and was sentenced to 30 days of work release. He was not deported and will have the possibility of applying for his citizenship in the future.

:: Riverside Court
December 2007


My client was charged with receiving stolen property, a felony; to wit. 13 candy bars and 5 soda cans. He was accused of accepting candy and sodas from a man that broke into a snack shop and stole cash and merchandise. My client had a prior strike from when he was a juvenile. His exposure, if convicted, was up to 6 years in prison. I thought it was ridiculous that the DA filed the charges as a felony but she refused to reconsider. I cross examined the officers at the Preliminary Hearing and showed that there was insufficient evidence to presume the client knew the food was stolen when he took it into his possession. The court dismissed the case and chastised the DA for filing such a weak and silly case.


If you have been charged with a crime, it is imperative that you contact an attorney as soon as possible. Call criminal defense attorney Ann Gottesman so she can begin helping you with your case.

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