Case Results Update

Criminal Defense is a never ending struggle to protect and defend Constitutional rights. It never looks good for individuals accused of crimes. There seems to be a feeling in society that innocent people don't get arrested. Well, the following are a few recent case results. You decide.

Felony Sexual Battery

Client was accused of touching a female inappropriately on multiple occasions. To prove his innocence, client agreed to a polygraph - prior to retaining counsel. Client went to the police station where he was interrogated for over four hours by an officer posing as a polygraph technician. Client adamantly denied the charges every time he was asked. They grilled him hour after hour and hour after hour he told them they were wrong. In the fourth hour, the officer told client: "Just say you did it and say you are sorry so we can drop this." Somewhat confused, he clarified, by repeating: "So, if I say I did it - even though you know I didn't - then I can go home and we will be done?" "Yes," said the officer, "we will be done." "Fine," said the client, "I did it. I'm sorry. Now can I go?" ... moments later, they arrested him based on that confession. Once retained, I had the client thoroughly examined by a forensic psychologist, psycho-sexual expert; I had the polygraph interview, exam, and results evaluated by an expert; and on the advice of the psychologist, I had the client evaluated for mental competency.

The polygraph expert challenged the technique used and criticized the questioning, he also condemned the results as unreliable and not-at-all conclusive. The forensic-psycho-sexual expert concluded that the likelihood of the client having committed the alleged offense was very low. And the client tested below average IQ. Finally, my own research found that the interrogation was arguably unconstitutional and the so-called confession inadmissible.

When confronted with the Defense evidence, the Prosecutor very quickly reduced her multi-year state prison felony offer to a felony with less than one year in local jail and supervised probation. Knowing that the DA would not just dismiss the case and that my client did not want to go to trial, I told the Prosecutor that we might consider a misdemeanor, no jail, and unsupervised probation...and that if she was not willing to do that, we would have a trial.

An hour later, the Prosecutor agreed to a misdemeanor, no jail, and unsupervised probation.

Misdemeanor Possession of Marijuana

Client, 14-year-old, was one of three passengers in a vehicle that was stopped by police and searched. A baggie of marijuana was discovered under the floor mat of the seat in which my client was sitting. Client was charged with a misdemeanor. Although the client had to jump through a couple of simple hoops, the criminal case was dismissed along with the record of the arrest.

Misdemeanor DUI

Client, a Paramedic, was stopped by police because "...it appeared the front license plate was not properly secured and could fall off." The officer documented that he detected a strong odor resembling an alcoholic beverage emitting from the vehicle. Although she had enjoyed most of a single beer an hour or so before, Client tried to explain that the strong odor was coming from her intoxicated boyfriend passed out in the passenger seat. Despite flawless performance on the field sobriety tests (according to the police report), she was arrested and booked on suspicion of DUI. After further Defense investigation and a strong challenge to the so-called evidence, as well as a chat with the DMV, and a visit to the DA's office, the DMV did not seek to suspend her license and the DA rejected the case altogether.

Felony Possession of Cocaine

Client was stopped by police, for no apparent reason, while walking on the sidewalk in South LA. "For Officer safety..." they searched him and discovered a small amount of cocaine. He was arrested, booked, and charged with a felony. Upon completion of a drug treatment program and probation, the criminal case will be dismissed along with the record of the arrest.

Felony Attempted Kidnapping

Client, a Paramedic, was attending a conference and staying at a local hotel where he had many, many cocktails at the bar. When one-too-many was enough, at about 1:30AM, he went upstairs to his room to go to sleep. When the elevator doors opened, he encountered a woman in a bikini; she looked visibly upset. He touched her shoulder and asked whether everything was okay and if there was something he could do to help and she said no. He proceeded to his room where - still dressed - he fell quickly to sleep. Sometime later he awoke to find police officers standing at the foot of his bed. He was handcuffed, taken to jail, and booked on suspicion of attempted kidnapping. His bail was set at $1M. Just hours later, I raced to the jail to visit with the client who had absolutely no idea what, if anything, had happened or why he was in jail. He recounted the evening as best he could and it did not sound as if any crime had been committed. After some discussion, the DA rejected the case as a felony and turned it over to the City Attorney to file a misdemeanor if they saw fit. The City Attorney offered to settle the matter with a mediation in lieu of criminal charges. Having gathered more information and thoroughly discussing the matter with my Client, I declined the offer and suggested that, if they believed a crime was committed, to go ahead and file charges otherwise, stop harassing my Client.

No criminal charges have been filed.