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.