|
|
|
|
|
Extraordinary Results
Felony Complaint Successfully Plea-Bargained
United States v. (Name Confidential)
United States District Court, Southern District of California
Defendant charged with 18 USC Section 2252(a)(2), receipt of a huge quantity of child porn images, both photos and videos. The statute prescribes 20 years maximum imprisonment. Indictment waived. Plea-Agreement pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B). Government agreed to an Adjusted Offense Level of 34 under the Sentencing Guidelines. Defense requested further downward departures with the express understanding the Government would oppose them. At sentencing the Government sought 12 years; Probation recommended 8. Court granted Defense request for downward departure and sentenced Defendnant to 6 years, 8 months with some credit for time served.
Defense team: Alan E. Spears, Esq.; Carl M. Hancock, Esq.; Alan Abrams, Esq., M.D.
Felony Conviction Reduced
People v. (Name Confidential)
San Diego Superior Court, Central Division
Defendant convicted of Assault Penal Code Section 245(a)(1) with Great Bodily Injury (Penal Code Section 12022.7. Victim suffered a fractured skull and other injuries. Motion to reduce Felony to Misdemeanor pursuant to Penal Code Section 17b at the 18-month probation mark prospectively granted. Great Bodily Injury enhancement stricken in the interest of justice pursuant to Penal Code Section 1385.
Defense team: Alan E. Spears, Esq. and Carl M. Hancock, Esq.
Felony Complaint Dismissed
People v. (Name Confidential)
Riverside Superior Court, Indio Division
Defendant charged with failure to register as a sex offender per Penal Code Section 290.013(a). Defendant was living at a drug rehab facility and had registered using the rehab's principal address instead of the address of the building in which he was residing. Case dismissed!
Defense team: Alan E. Spears, Esq. and Michael E. Turner, Esq.
Misdemeanor Complaint (DUI) Dismissed
People v. (Name Confidential)
Imperial County Superior Court, El Centro Division
Defendant arrested for and charged with DUI per Vehicle Code Section 23152(a). He failed the Field Sobriety Tests, and refused to take a chemical test. Case dismissed!
Misdemeanor Complaint (DUI)
People v. (Name Confidential)
Los Angeles Superior Court, Antelope Valley Division
Defendant charged with California Vehicle Code Sections 23152(a) and 23152(b). Single car crash. Vehicle totaled. Blood-Alcohol level 0.20! Following plea-bargain negotiations, Defendant plead guilty on October 22nd 2009 to California Vehicle Code Section 23152(b) with no 0.20% enhancement, no jail, no restuition, no public work service, $500.00 fine plus penalty-assessment, first-time alcohol program.
Felony Complaint (Child Endangerment)
People v. (Name Confidential)
San Diego Superior Court
Chula Vista Police arrested defendant for child endangerment and other felonies for allegedly spraying Chlorox bleach at her adolescent son. Dedendant was charged with three felonies: Penal Code Sections 273(a), 244, and 245(a). Following intense negotiations this case resolved with a plea to Penal Code Section 415, Distrubing the Peace, a Misdemeanor. No jail time!
Defense team: Alan Spears, Esq.; Carl M. Hancock, Esq.; and Alan Abrams, Esq., M.D.
United States Navy v. QMC(SW) [Name Withheld]
Administrative Separation Board, Assault Craft Unit ONE (Coronado, CA)
Charges and Specifications against QMC(SW) of numerous violations of the Uniform Code of Military Justice, Article 92 (Failure to Obey Lawful General Orders), Article 120 (Wrongful Sexual Conduct), Article 128 (Simple Assault), and Article 134 (Disorderly Conduct - Drunkenness). Following a day-long hearing with multiple witnesses called by the defense [respondent] the Administrative Board consisting of a LTCDR, LT, and Chief separated QMC(SW) from the Navy permitting him to retain his rank and pay grade.
Defense team: Alan Spears, CAPT USMM; Andrea Leahy, LT USN (JAG).
In re OTHA BOONE, JR. on Habeas Corpus
San Bernardino Superior Court
Petitioner serving life-top sentence for murder granted Habeas Corpus on July 7th 2009 for the Board of Parole Hearing's violation of his due process rights!
Misdemeanor Complaint (DUI)
People v. (Name Confidential)
Riverside Superior Court
Defendant charged with California Vehicle Code Sections 23152(a) and 23152(b) with CVC Section 23578 enhancements of 0.15%+. Defendant's blood alcohol level per PAS device was 0.26%! Negotiated plea to CVC Section 23152(b) w/ CVC Sec. 23578 0.15%+ enhancement. Minimum fine/penalty assessments. 20 days Sheriff's Work Furlough to be served weekends. Summary probation. Ehanced First Offender Alcohol Program.
Misdemeanor Complaint (DUI)
People v. (Name Confidential)
San Diego Superior Court
Defendant charged with California Vehicle Code Sections 23152(a) and 23152(b) with CVC Section 23578 enhancements of 0.15%+. Defendant's blood alcohol level per PAS was 0.21%! Negotiated plea to CVC Section 23152(b) w/ CVC Sec. 23578 enhancement. Stipulated blood alcohol level of 0.19% permitting Defendant to attend 3-month First Offender Alcohol Program. Minimum fine/penalty assessments. 10 days Community Service to be served weekends. License suspension nunc pro tunc to date of arrest. Summary probation.
Misdemeanor Complaint (DUI)
People v. (Name Confidential)
San Diego Superior Court
Defendant charged with California Vehicle Code Sections 23152(a) and 23152(b) with CVC Section 23578 enhancements of 0.15%+. Defendant's blood alcohol level was 0.23%! Negotiated plea to CVC Section 23152(b) w/ CVC Sec. 23578 enhancement. Stipulated blood alcohol level of 0.19% permitting Defendant to attend 3-month First Offender Alcohol Program. Minimum fine/penalty assessments. 40 hours Community Service to be served "as able". Summary probation.
Felony Complaint (Conspiracy)
People v. (Name Confidential)
Imperial Superior Court
State Bureau of Narcotics Agents conducted a reverse-sting cocaine drug sale operation during which they seized $250,000.00 cash. Defendant (and others) charged with Sale/Transportation/Offer to Sell Controlled Substance (Health and Safety Code Section 11352(a); Conspiracy to commit the crime of Sale/Transportation/Offer to Sell Controlled Substance (Penal Code Section 182(a)(1)); Possession of Money Over $100,000.00 (Health and Safety Code Section 11370.6(a); and Conspiracy to commit the crime of Possession of Money Over $100,000.00 (Penal Code Section 182(a)(1)). Negotiated plea to Conspiracy to commit the crime of Possession of Money Over $100,000.00 with stipulated mid-term sentence and credit for local time served. Defendant will serve approximately 14 months with good-time credits. All remaining counts dismissed.
Misdemeanor Complaint (DUI)
People v. (Name Confidential)
Santa Barbara Superior Court
Defendant charged with California Vehicle Code Sections 23152(a) and 23152(b).
Following plea-bargain negotiations on December 4th 2008, Defendant plead guilty on January 8th 2009 to California Vehicle Code Section 23102.5, Reckless Driving.
Notice of Proposed Removal from a USNS Shipboard Position
In re Able Seaman James S.
Department of the Navy, Military Sealift Fleet Support Command
By letter dated 23rd October 2008 the Department of the Navy served Able Seaman James S. "Notice of Proposed Removal" for violation of Ship's Orders as regards said Seaman's possession of injectable anabolic steroids and syringes aboard a USNS Ship while on deployment. Following the filing of formal written response dated November 10th 2008, Seaman James S. received a reprimand on January 7th 2009 consisting of a fourteen (14) days suspension without pay on condition he never again possess injectable drugs and/or syringes aboard ship.
Petition for Writ of Habeas Corpus
In re ALBERTO AVENA RAMIREZ
San Bernardino Superior Court
Following an evidentiary hearing on December 30th 2008, and oral argument on January 2nd 2009, the Court granted Petitioner's Writ of Habeas Corpus, setting aside his conviction of Attempted Murder (California Penal Sode Sections 664/187(A)) and Assault With a Deadly Weapon (California Penal Code Section 245(A)(2)), and vacating his 27-year-to-life state prison sentence.
|
|
|
