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.