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.
