Residential Burglary dropped to Petty Theft with credit for time served-Motion to Suppress
Client charged with the residential burglary (a strike offense) of his
sister’s house. He was detained and searched outside of the residence
and her property was located on his person. We filed a Motion to Suppress
the evidence based on an unlawful search and in addition we challenged
the lawfulness of his statement to the police. The judge agreed to suppress
the evidence and statement based on the motion. The District Attorney
believed that they could proceed with other witnesses to establish the
offense, however, they conceded that the case had been significantly weakened
and offered the reduced charge. The client decided against a costly trial
and chose to accept the no jail offer. Client had faced up to 6 years
in state prison.
Welfare Fraud Charges Dismissed-Collateral Estoppel
A county employee and his wife were charged with welfare fraud after he
sustained a workplace injury and was out of work. As a result, his wife
applied for food stamps to make ends meet while he was unable to work
and had reduced income. The county believed that it had overpaid the family
and alleged that they failed to report income when he returned to work
and filed charges. Clients were found to not be responsible for this conduct
at a State hearing on the same issue. We argued to dismiss the criminal
charges based on the legal doctrine of Collateral Estoppel, essentially
arguing that the same issues were ruled on by a different judge at a different
hearing and that the ruling should be binding. The judge of the Superior
Court agreed and dismissed the case against husband and wife.
University Title IX Investigation - Client Cleared Of Dating Violence Allegations, Accuser Faces Expulsion
Client was accused of dating violence on campus by ex-girlfriend and faced
possible expulsion from the university as well as possible criminal charges.
The incident involved the ex-girlfriend confronting client while he was
on a date with another female and physically assaulting him. She called
the police and claimed he assaulted her. The incident was reported by
campus police to the District Attorney’s Office who rejected the
case, even though client was arrested and forced to post bail. Pursuant
to Title IX, the university was compelled to conduct an investigation
into the allegations despite no criminal prosecution. We immediately filed
a complaint with the university under the same provisions of the law against
the ex-girlfriend alleging acts of violence, harassment and stalking.
The university was then compelled to begin an investigation into her actions.
After an extensive investigation, the university substantiated all of
our complaints and found additional instances of misconduct by the ex-girlfriend.
They rejected all of the serious allegations made by the ex-girlfriend
with the exception of one minor incident from the past. Client’s
academic career is safe and he is expected to graduate on time. The ex-girlfriend
faces expulsion as a result of her numerous violations.
Murder Trial-Not Guilty
Client was charged with First Degree Murder for the killing of his romantic
rival in what was referred to as a love triangle. After a month long trial
in which we presented a self-defense case, the jury deliberated for three
days and acquitted client of First and Second Degree Murder. He was found
guilty of a lesser related offense of Voluntary Manslaughter and eventually
sentenced to 7 years in prison. With credit for time already served he
will be released in four years. Client was facing life in prison.
The client was discharged at the end of a four day preliminary hearing.
It is very rare to be discharged at this stage of the case.
The prosecutor was attempting to link the client to the killing by his
membership in a gang and his presence at the scene and possible participation
in the fight. Joe Bisbiglia successfully argued that the client's
mere presence was insufficient evidence to hold him.
Read more on this case in our
Felony Child Endangerment Leading to Death and Involuntary Manslaughter Jury Trial
Client (mother) charged with as a result of the tragic drowning death of
her infant son in the family's home. We presented evidence to the
jury that showed this death was accidental and that there was no negligence
on the part of the mother. Client found Not Guilty of all charges. Client's
prison exposure was 10 years and two "strike" convictions.
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