Crime Law: Three Felony Charges Dismissed against Client on E...

Crime Law: Three Felony Charges Dismissed against Client on E...: Three Felony Charges Dismissed against Client on Eve of Trial For the most part, I find district attorneys take the approp...

Three Felony Charges Dismissed against Client on Eve of Trial

Three Felony Charges Dismissed against Client on Eve of Trial

For the most part, I find district attorneys take the appropriate course of action when presented with the right evidence, though the path to the end seems fraught with treacherous turns at times.

Today, the Assistant DA dismissed three felony charges against my client, who unfortunately could not make bail and has been in custody for several months.  He had charges related to theft, receiving stolen property and possession of a firearm.

This case was emotionally draining as I developed a fondness for the client and his strong will and optimism.  He had lots of idle time and researched the books in the jail law library and often wrote briefs for my consideration.

He devastatingly learned the hard way the best lesson every new attorney should learn:  the law and facts often have nothing to do with the outcome of the case.  I briefly romanced the idea I would be successful with a motion to suppress evidence.  The law, facts and absence of opposing law militated in my favor.   Only to be reminded of the harsh realities of ends oriented justice system, at times.  That is, the end justifies the means.  I was so miffed at the outcome I filed a Writ of Mandate, in this case, a 103-page document, with the appellate court, seeking emergency relief, only to relearn the lesson I already knew.

Fortunately my client did not cave and take a deal just to have matters done with, although the deal wasn’t much and he only stood to enhance his sentence by 8 months if he lost at trial.

The case against my client was circumstantial and a Dept of Justice forensic analysis showed a single fingerprint on a firearm belonged to someone else.  My client’s early and adamant denials of the possession of a firearm, the fact he was not the owner of the commercial trailer and the owner of the vehicle had a felony conviction presented facts too ominous for the DA to overcome and show constructive knowledge and possession of a stolen weapon. 

My client was a stranger in a foreign county and is now happily on his return home to his family, sadly missing his daughter’s sixth birthday, but eager to reclaim lost family time.

About the Author:

Mark Johnson is a California Criminal Defense Attorney defending clients in both state and federal courts.

Crime Law: Client Accused of Domestic Violence Battery found ...

Crime Law: Client Accused of Domestic Violence Battery found ...: "Client accused of domestic violence battery found not guilty by jury. Today I concluded a week-long trial, which included jury select..."

Client Accused of Domestic Violence Battery found NOT GUILTY by Jury

Client accused of domestic violence battery found not guilty by jury.

Today I concluded a week-long trial, which included jury selection and deliberations.  A jury found my client not guilty of DV battery and not guilty of lesser included offenses.  It was a hard fought trial.  DV cases can be difficulty to defend because unlike other cases the district attorney can introduce propensity evidence whether or not the person has been convicted of a crime.  In this case the district attorney introduced the testimony of an alleged prior victim from an incident occurring seven years ago.  The victim testified almost flawlessly and the jury seemed very sympathetic to her testimony.   To be honest, I was concerned I could not overcome the impact of her testimony.  I was able to provide impeachment evidence that created the necessary doubt for the jury to find my client not guilty.  This was a great outcome and fitting end to a long and arduous week.

Pride, Arrogance and Ad Lib Testimony are a Peace Officer’s Achilles’ Heel

Pride, Arrogance and Ad Lib Testimony are a Peace Officer’s Achilles’ Heel

Today I began a DMV hearing regarding a DUI case.  I previously appeared at an evidentiary suppression hearing in the same case.  Two officers arrested my client for DUI.  The officer who testified at the DMV hearing today miraculously had a better memory of what occurred although he opted not to testify and deferred to his partner previously due to what I was told was a lack of personal knowledge.   This officer who testified today added facts that were never previously reported, including my client was trying to flag the officers over for assistance despite contradictory testimony by the partner officer that the sole basis for the stop was his license plate was allegedly obscured.

This case is still pending but I will likely take it to trial.  It is sad testimony when officers risk so much to justify their conduct or ends justifies the means.  I can almost predict a favorable outcome for my client as I have been down this road before in other cases, the last in Federal court.  An officer’s election to come up with new and extraordinary facts two years after the incident backfired and caused sufficient liability.

Juries can accept innocent mistakes and memory affected by time, but they don’t usually buy into facts that don’t make sense.  Although the officers arrogance and unwillingness to back down from unimpeachable facts helps my client, I am so offended at what some officers are willing to do.

Two Cases Dismissed at Eve of Trial

Two cases dismissed at the eve of trial confirmation.

Today was a good day, two separate cases were dismissed by the district attorney’s office on a day set to confirm readiness to go to trial in these cases.  I applaud the district attorneys who did what was the proper course in my opinion.

The first case dismissed was quite interesting and my client faced possible state prison due to a number of prior DUI convictions and he had been on the run in this case for nearly a decade, and not surprisingly, he picked up a new DUI case in another county within the state.  The case wasn’t looking good for him and time usually is not on one’s side in criminal cases but it was in this matter.

Luck would have it, or bad luck for the arresting officer, subsequent to the arrest of my client, the officer became involved in his own foray into the criminal justice system, and I am told he had a number of charges against him for sexual assault under color of authority and other serious malfeasance and was forced to resign or retire.

I filed suppression motions and what is known as a “Pitchess” motion to obtain incriminating data on the arresting officer . The district attorney’s office could not put the key witness on the stand in good consciousness and dismissed the matter.  My client who was in custody was very grateful and appreciated I took the case seriously.  This was a court appointment with no cost to the client and sometimes you do get what you pay for.

In another unrelated matter, a young lady with a troubled past obtained a dismissal of her case for battery on her spouse.

Felony Charges Against Client Dismissed-DA Very Fair

Felony Charges Against Client Dismissed-DA Very Fair

By Mark Johnson, California Criminal Defense Attorney

http://crimelaw.org

Today I resolved a case on behalf of a client who was charged with two felony counts related to grand theft and embezzlement, each charge holding up to 3 years state prison.  It was an interesting case involving a public employee and allegations stemming from his employment. And misappropriation of funds.

I applaud the DA for not succumbing to any public pressure in light of recent Los Angeles cases involving public figures and financial corruption and there was earlier mediation attention in this case.  The case ended with a complete dismissal of the felony charges and an added charge, a minor misdemeanor , of a California Corporations Code, which more accurately reflected my client’s conduct in this case.

Crime Law: Criminal Case Dismissed at Trial-Knowing When to H...

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Criminal Case Dismissed at Trial-Knowing When to Hold Out

Criminal Case Dismissed at Trial-Knowing When to Hold Out

By Mark A. Johnson, Esq.  California criminal defense, civil rights, and employment lawyer. Offices in Palmdale, Bishop, Oxnard, Rancho Cucamonga and Temecula, California.

Perhaps it’s a bad analogy to equate the resolution of a criminal case to a card came, but the reality of litigation, whether criminal or civil, is often about acceptable risk should a favorable opportunity to resolve a case  present itself.  The resolution of a case hinges on the strength of a case and ability to finance a protracted matter.  In criminal cases the deal offered by the prosecution gets worse if a case is protracted and a strong case exists against the accused.  However, most district attorneys are fair when significant disputes regarding fact and law exist. 

Today, at the cusp of trial, the deputy district attorney dismissed a case against my client, a case that never should have been filed, and in my opinion, stems from bad blood between my client and former employer.  From the onset of this case, when asked if we could settle the case, I replied, sure, “dismiss it.”  I give homage to the judge in this matter because he listened earnestly to my position and how the DDA could not make its case at trial and I expected an early disposition of the matter.  While usually amenable to a reasonable settlement of a case, I advised dismissal or no deal and we were ready to go to trial.  While I have noted in previous articles that I don’t like to gamble over certain outcomes when faced with high risk, but today was different and I saw no downside going to trial or that  my client could lose.  Yeah for the justice system!

Pride and Institutional Arrogance-The Enemy of the Litigant.

Pride and Institutional Arrogance-The Enemy of the Litigant.

By Mark A. Johnson, Esq.  California criminal defense, employment and civil rights attorney.

Offices in Palmdale, Oxnard, Rancho Cucamonga and Temecula, California.

History teaches us that it tends to repeat and we often do not learn from the lessons history has to teach us.

As an attorney who handles a number of employment & civil rights cases, usually representing the employee, and contentious family law matters, I find I am often up against organizations and people who fail to learn from costly lessons of the past relative to its treatment of employees and people followed by arrogance that the organization did nothing wrong or will prevail.  In these types of cases I have to batten down for the long haul but inevitably, individuals within the organization just cant help themselves and leave a wonderful trail of evidence that helps my client prevail in the end.  I am amused at the cat-and-mouse game as the litigation unfolds and never cease to be amazed at the lack of responsibility organizations take from the beginning of a case.  Quite often my client is only looking for a change in the manner he or she is treated but hit a brick wall in the process of seeking improved working conditions and sometimes have the attention focused on the employee, leaving the individual with no other option but the challenge the organization through litigation.

Karma and Inevitability –Restraining Order Defeated

Karma and Inevitability –Restraining Order Defeated

Karma is a law in Hinduism which maintains that every act done, no matter how insignificant, will eventually return to the doer with equal impact. Good will be returned with good; evil with evil.

Not long ago I came across an assistant district attorney who from what I heard had local public defenders terrorized and it was their opinion he was motivated to act by other than virtuous reasons.  When I met him I knew it was only a matter of time until his ways came back to haunt him.  I was right.  He was removed from office just before a case I had was set for trial and the matter was dismissed in my client’s favor.

I just resolved a restraining order on behalf of a client who had seen his daughter only once in the last month and the mother obtained a restraining order that allowed only two hours a week with supervised visits.  She then sought to have all visits removed through what are known as ex parte proceedings.  This action accelerated the hearing in this matter and the case went forward on a contested basis.  To her credit she testified honestly and indicated no threat or acts of violence against her, which are a prerequisite for a restraining order, and the court denied her request for order. My client will now be able to see and communicate with his daughter again.  As is often the case, the action was more about hurt feelings and a desire to tell her story.  However, in the end Karma and order were restored.

Law Offices of Mark A. Johnson

Criminal Defense, Employment, and Civil Law

Offices in Palmdale, Oxnard, Rancho Cucamonga, and Temecula, CA

Crime Law: Choosing the Right Attorney

Crime Law: Choosing the Right Attorney: "Today I met with a family regarding the representation they received in a case that remains on-going. Turns out the attorney did most of th..."

Choosing the Right Attorney

Today I met with a family regarding the representation they received in a case that remains on-going.  Turns out the attorney did most of the right actions but lacked the patience and proverbial bed-side manner to fully explain the criminal process to the client and family and what they had left to experienced.  I have examined the merits of a case against the attorney but that is not a business I want to be in. Tragically, in this case, more was charged for the work done.

In choosing an attorney, perhaps the two key factors are: job knowledge and second, the attorneys ability to convey and explain information.  If you talk to attorney who seems uncertain about what he or she speaks or has to refer to others before answering, you might need to proceed with caution.

Im Humbled

I am grateful that with some regularity I receive an email, note or text from former students and past and current clients thanking me for an influence I had in their life.  Teaching and the practice of law have been my niche in life.

This week I received a touching note from a client that reads in part, "Mark Thank you so very much!  After spending much time and energy on incompetent lawyers, you were  a God-send.  We were so impressed with your services.  What a blessing to know there really are honest, sincere, knowledgeable and capable attorneys!!!!"  The note of gratitude was particularly rewarding because I was referred by an attorney whom I have great respect for.

A week ago a student called and left a message that he just needed some inspiring words.  I've had students tell me they were ready to give up on school and that they changed their major because of my influence.

There is something to the saying if you love what you do it will shine through.

Crime Law: Divorce Law-Grab a Tiger by the Tail-Leave Sleepin...

Crime Law: Divorce Law-Grab a Tiger by the Tail-Leave Sleepin...: "The following is provided for general informational purposes only and should not be relied upon in any manner before consulting with a licen..."