Please see below for a partial list of the successfully defended cases. These are examples, not a guarantee or prediction, as to the outcome of your case.
People v. J.A. (Kenyon Justice Ctr. – Los Angeles) July 2011.
Client Minor arrested for felony charges of multiple forcible sex offenses against another minor. Client was arrested as an adult in January, but the District Attorney’s office decided to drop the adult case and file multiple juvenile felony charges. On the day of trial, the prosecution amended to add a new charge, yet they were not ready to proceed. Client’s case was dismissed shortly after the Defense answered “Ready, Object to any Delay.”
L.A. County of Public Health, in re: LA-Grand Pico Commissary. May-June 2011.
Department of Public Health shut down the commissary because of an invalid health permit. Frustrated owner, who had hundreds of clients, couldn’t service them and was in danger of losing clients to other businesses. The Law Office assisted by attending a meeting with the director where we worked out a solution that re-opened the business pending accounting/permit verification.
People v. O.H-G. (2nd Dui – Truckee, CA). May 2011
Client avoided 2nd DUI conviction after Law Office convinced district attorney office to reduce charges after filing a motion to suppress evidence/demand for probable case. After considering the risks of losing the motion, client plead to reduced charge of reckless driving–no DUI class, smaller fine, and cannot be used as a prior. Client has his driver’s license back.
People v. J.G. (Traffic – Los Angeles). March 2011.
Client beat driving on shoulder ticket without going to court. CHP officer tried to get the client to admit that he was driving on the shoulder–he even threatened to use his dash cam against my client. Client denies on the scene and challenges the officer by hiring the Law Office to defend the case. Not guilty! Client avoids DMV point and increased insurance rates.
In re. S.W. (Riverside). February 2011.
Riverside homeowner sought the Law Office’s assistance while they were in a chapter 13 bankruptcy handled by another office. Trustee informed the debtor his plan was infeasible as drafted and the petition would likely be dismissed. The debtor’s bankruptcy case was shortly dismissed.
The Law Office took over the case, reassessed the client’s needs, and prepared a new petition for Chapter 13 bankruptcy prior to the bank’s second attempt to foreclose on debtor’s 4,000 sq ft home. After successfully moving the court to impose and extend an automatic stay (automatic stays are only mandatory for original filings, not re-filed cases), the Law Office convinced the court to strip the second mortgage (lien avoidance motion, aka LAM). Thus, once the debtor completes his 5 year payment plan, the debt owed on his 2nd mortgage will be discharged along with other unsecured debt totaling over $30,000. Debtor can stop worrying about losing his home or creditors’ harassing mailings and calls.
People v. P.G. (Juvenile – Los Angeles). December 2010. Penal Code section 245(a)(1) w/ great bodily injury.
Client was arrested after a school fight with bully. After fight, bully reported he had a busted eye and sore ribs (later learned rib was broken). DA’s office did not agree to settle case for misdemeanor and 6 months probation, so case went to trial. Evidence presented bully has assaulted and taunted other students. Evidence also showed client walked away from bully before fight was broken up. Judge ruled case is a misdemeanor and gave client 6 months probation.
People v. W.L. (Alhambra – Los Angeles). August 2010.
Client was pulled over by South Pasadena police for crossing the double lanes, in violation of Vehicle Code section 21460(a). The officer found marijuana in the vehicle during the detention. Client was cited for violating Vehicle Code section 23222(b), possession of marijuana in a vehicle (under an ounce). Law Office successfully negotiated a dismissal of the charges in lieu of completing narcotic anonymous classes. Given that the client is residing in the United States on a F-1 student visa, a dismissal was his best option to ensure he would not be subject to removal proceedings. Client did not go to any court dates. Case dismissed.
People v. D.W. (Compton). Charges: Health & Safety Code section 11359 (Marijuanapossession for sales) & Felony Probation violation. May 2010
Client arrested after police found marijuana on client during a traffic stop. Pursuant to client’s probation terms, police searched a bathroom client had access to and found a large amount ofmarijuana. Upon being questioned by the sheriff deputies, client confessedthis weed was possessed for sales because of financial struggles. The Law Office successfully negotiated dismissal of this felony drug sale case in exchange for an admission of a probation violation, less than 2 months of jail, and community service hours. Client was thrilled in avoiding 2nd felony, which may have resulted in a prison disposition for the felony probation case and/or make client ineligible for probation should client ever face a 3rd felony charge.
People v. A.S., Los Angeles County (Van Nuys). Charges: Penal Code section 245(a)(1) w/ knife, PC 12022.7(a) [great bodily injury). January 2010
Client was identified as the person that stabbed a young man in Valley (Los Angeles). The victim went to the hospital and received stitches. Client faced violent (and serious) felony charges, which carry a maximum of 7 years state prison. After some investigation, the case proceeded to preliminary hearing since the district attorney did not make any offers to resolve the case. During the preliminary hearing, I skillfully cross-examined the state's witnesses, which in turn highlighted the proof issues for the district attorney. The Law Office successfully convinced the district attorney to "strike" the knife and great bodily injury allegations [considered strikes under Penal Code sections 667.5(c) & 1192.7(c)] for the plea agreement: no-contest plea to felony assault that included formal probation terms and community labor (NO JAIL time).
People v. S.M. (1); S.O. (2). BAF006489 Riverside County. Co-counsel Jessica Brys Brownsell for S.O. Charges: PC 69 (S.M., S.O.), PC 12025 PC & 12031 (firearms loaded, concealed, public place) (S.O.). October 2009.
Brothers celebrating New Years came to a near tragedy after the cops arrived and manhandled one of them out of his own garage. Seconds later, a firearm was discovered during a brief struggle between the officer and the brothers. Since the DA would not dismiss the firearm allegations, the brothers were pressed to fight and beat the case to avoid triggering the firearms deportation ground. Client benefited from my short, calculated cross-examination that outlined the unreasonableness of both officers’ conduct. I effectively coordinated with courageous co-counsel regarding foundation, use of diagrams, and trial strategy. After five hours of deliberations, the jury acquitted the defendants of all charges.
People v. M.M., LA County (Whittier).
Charges PC 273a(b) – physical or emotional abuse to a child. Presented mitigating evidence of mother currently receiving anger management treatment, child’s improved school attendance, and a preview of a key witness’s bias while negotiating a post-case dismissal (akin to diversion), as long as there are no probation violations.
People v. X.T. Orange County (Westminster).
Charges: 23222(b) VC, PC 272(a)(1) contributing to delinquency of a minor. Client was charged with possession of marijuana in a vehicle and contributing to the delinquency of a minor. From the start, the case was set for trial without any time waivers. A motion to suppress was also set for the trial date. The goal of the hearing was to either suppress the seized contraband or set up officer for Miranda violations (so I can suppress my client’s statements at trial). On the day of the hearing, the prosecution realized the weakness of their case, so they offered to dismiss the case if my client took a drug awareness class. Case dismissed.
Immigration
People v. K.H., Los Angeles County (CCB). Charges: Vehicle Code section 10851. December 2009
Client is facing removal proceedings because of aggravated felony convictions over 15 years old. DHS is applying the law as written, regardless of extreme hardship on U.S. citizen children and relatives. Through motion work, presentation of hardships, and admittedly some luck, counsel successfully convinced court to modify client’s sentence from 365 days to 364 days. This brings this theft offense outside of the definition of an aggravated felony and increases client’s chances of defending his deportation case. April 2010: This Egyptian national is now home! The immigration judge granted his Cancellation of Removal application (EOIR-42A).
People v. K.H., Los Angeles County (San Fernando). Charges: Penal Code section 12021. February 2010
Client is facing removal proceedings because of aggravated felony convictions over 15 years old (see GTA case). Counsel successfully convinced the court (partly because of the district attorney’s blessing) to vacate his 1992 firearms conviction pursuant to Penal Code section 1016.5 (grounds: failure to advise of specific immigration consequences). District Attorney has agreed to an immigration-friendly disposition. Clearing client’s second aggravated felony makes him eligible for cancellation of removal since he is no longer inadmissible. April 2010: this Egyptian national got his green card back after a merits hearing on the positive and negative factors of the respondent’s section A cancellation case.
In re: D.A. (I-129F – Petition for Alien Fiance’)
US citizen male married a recently divorced Lithuanian woman in Lithuania. Couple had documents showing regular contact via phone, email and in person spanning several months before and after the marriage. Lithuanian wife, nevertheless, had 2 prior visa denials for entry into the United States. After counseling clients on the visa interview process and the potential pitfalls, foreign consulate granted K-2/K-3 visas for wife and her two children. Family re-united.
Jury trials
People v. D.M. RIF-129687. County of Riverside.
Client was accused of stealing hammers on 4 separate occasions (4 counts of felony commercial burglary + many prison priors) from a hardwood store; car linked him to scene, video resembled him (all the judges and the prosecution believed it look like him too). Client contemplated for months over making a 3-year counter offer. Yet, he stuck to his instinct and felt confident with me bringing out the truth. Client benefited from my vigorous cross-examination of the loss prevention officer since I helped outline the inconsistencies of his reports and observations. Client did not testify and was subsequently found not guilty on all counts.
P v. K.K., RIM465531.
Client charged with assault with a deadly weapon (metal pipe) against female neighbor. Through investigation, I learned and understood the complaining witness’ culture, habits and reputation and used this information against DA’s case. This enabled me to weave our defense theory during the case-in-chief so my client would not have to testify in her defense. The jury found my client not guilty.
Hanging Trials as negotiating leverage
P v. D.C., RIF136566.
Client facing 3 year offer for failing to register as a sex offender for the second time. Court offered him 2 years, but the client insisted on 16 months. Took case to trial despite admissions that would be disclosed to the jury. When the trial strategy of attempting to embrace the bad evidence and strive for a not guilty seemed out of reach, I convinced the jury not to convict my client; the jury was deadlocked. After the judge declared a mistrial, the DA accepted our counter-offer of 16 months in state prison.
P v. R.K., RIF136796. Riverside
Client had been charged with methamphetamine possession and a misdemeanor paraphernalia charge. He faced a minimum prison commitment of 32 months (DA’s offer) and a maximum of 6 years because of a strike prior. Although he denied ownership, client was aware of the potential for conviction by simply being a passenger in a vehicle found with drugs. Police report alleged the client confessed and was under the influence. Took case to trial hoping to beat charges by asserting 3rd party culpability, poor investigation, and conceding guilt in other charges. However, a mistrial was declared because the jury was hung on the felony drug count. After trial, the prosecution accepted our 16-month counter-offer.
Trial preparedness/getting clients out of custody as soon as possible, etc/co-defendant cases
P v. E.P., RIF137384, RIF130594; Riverside
Non-citizen client charged with assault with a deadly weapon—and facing 16 months (offer concurrent with her probation violation), hence making this crime an aggravated felony for immigration purposes. Within days of the arrest, federal authorities placed an immigration hold on her. Upon my advice, client counter-offered: dismiss new felony case in lieu of probation violation. The prosecution rejected the offer and the case proceeded to trial. After investigation confirmed some of client’s side of the story, we successfully moved to dismiss this case entirely, by obtaining a dismissal at jury trial and then again, at the 2nd preliminary hearing. Our successful pre-trial motions to exclude a particular witness and all of the defendant’s statements forced the prosecution to declare: “unable to proceed.” Client ultimately found in violation of probation and sentenced to credit time served (our initial counter-offer). This vigorous defense prevented the client from suffering an aggravated felony and crime of moral turpitude conviction.
P v. R.S, BAF004755. Riverside.
Client had been in custody for over a year for residential burglary and first-degree arson charges. At the preliminary hearing, vigorous cross-examination of an eyewitness exposed his bias toward my client since in-trial version and the statement present in the officer’s report were highly contradictory. The case was transferred to another defense trial attorney; shortly thereafter, the case remained delayed at the trial stage since some of the co-defendants and the prosecution were not ready for trial. After getting supervisor approval, I took over the case and declared ready for trial after I became available. Within a couple months, after declaring ready many times, the court agreed to release my client on his own recognizance [bail was $25,000] pursuant to our renewed bail motion. This allowed the client to return to his home and defend this serious case without iron shackles.
P v. J.Q., RIF138494. Riverside.
Client faced felony receipt of stolen vehicle, prison time and certain deportation (undocumented) once he is convicted of any crime of moral turpitude or aggravated felony. Thorough investigator work helped exposed the weaknesses of the prosecution’s case. We counter-offered dismissal as any crime related to the listed charge would kill J.Q.’s ability to defend himself against removal. The prosecution rejected and the case proceeded to trial. On the day of trial, further investigation and negotiations resulted in the case being settled for misdemeanor disturbing the peace, credit time served. Client’s only hope of obtaining immigration relief was obtaining this petty conviction or a dismissal.
Domestic Violence cases—negotiating good dispositions
P. v. J.L. RIF115668. Riverside.
Facing felony domestic violence charges and up to 4 years in prison. After through investigation and persuasive negotiation, I outlined weakness of the DA’s case. The case ultimately settled for: misdemeanor disturbing the peace, no probation.
P v R.K., RIF128910. Riverside.
Client faced felony resisting arrest with force and misdemeanor domestic violence. We balked at their felony offer and counter-offered misdemeanor and no probation. An enormous amount of time was spent covering details with the husband and wife and developing a defense theory. Failed negotiations led to the preliminary examination, where the judge discharged the felony. Client then accepted an offer to plead guilty to a misdemeanor battery against a spouse.
Motions
P v. R.D., RIF133824. Riverside.
Client faced 25 years to life for failing to register as a sex offender. Client had numerous felonies, which included robbery, forced oral copulation, grand theft auto, drug sales, etc. Convinced judge that this crime is relatively minor and 3 strikes should not be applied to this client despite his serious, but distant criminal history. Request granted as judge dismissed one strike and sentenced client to a total term of 3 years, 8 months upon a plea to the court.
P v. X.T., 08WM09074. Orange County.
Client faced contributing to delinquency of a minor and possession of marijuana by a driver of a vehicle. Since both the client and witnesses recalled details supporting improper police search and seizure, the case was set for a suppression motion and trial. After reconsidering their options, the prosecution offered to dismiss the case if the client took a short drug awareness class; offer accepted and case was dismissed.
P. v. K.H., RIF106235, Riverside
Client faced 9 years resulting from a 2002 domestic violence incident in which the prosecution alleged two enhancements: (1) the personal use of a firearm during the commission of a felony and (2) great bodily injury resulting from the domestic violence. An arrest warrant issued nearly 3 years later, resulting in the client’s arrest after a traffic stop. I successfully litigated a motion to dismiss the case for violation of the client’s speedy trial rights. Case dismissed.
Juvenile
P v. J.S., Riverside Juvenile.
After found unsuitable for probation because of the potential for great harm, client’s assault case proceeded to trial. Evidence did support a finding that the teen client assaulted another teen and easily got the upper hand, hence negating any claims of self-defense. Nevertheless, mitigating evidence in the case kept the client out of juvenile hall.
P v. S.C., Riverside Juvenile
Court denied client opportunity to take 654 or 790 probation. Her only choices were to plead guilty and hope to be released soon or go to trial. But, since the judge did not believe that the client accidentally shot another teen with a BB gun, the felony assault was found true. Client benefited from my representation since I convinced the court to release her 6 days after initial custody. I accomplished this by quickly declaring ready for trial and by prepping the mother and family to field questions from the court regarding the minor’s home supervision during the course of the case.
Traffic
People v. W.Z. (Metropolitan – Los Angeles). August 2010.
After conducting a speed pace, CHP issued a citation for exceeding 65 mph on the downhill portion of the 5 freeway, near Griffith Park. Although other vehicles were speeding, client’s vehicle had full tint and no front plate, making it an easy target. Law office took over case, advised client on correcting non-moving violations, and convinced the court to dismiss this case through a trial by declaration. Client did not go to any court dates.
People v. J.K. (West Los Angeles – Los Angeles). July 2010.
CHP issued my client a citation for speeding 104 MPH on the 405 freeway (in the middle of the night—too jammed to speed during the day) with the assistance of radar. A conviction for speeding over 100 MPH [Vehicle Code section 22348(b)] would result in 2 DMV points and a potential driver’s license suspension for 30 days. In light of the strength of the state’s case (calibration records, good memory of incident by CHP officer), the Law Office sought and achieved a less severe traffic charge (speeding, 1 DMV point, traffic school).
P. v. C.Z., 27742KU. Los Angeles (Pomona)
Irritated/eager CHP officer pulled over client and approached vehicle with hand on firearm. After encounter with client and the two other passengers, client was cited for violating VC 22348(b) – driving over 100 mph. Client’s only option was trial since this offense rendered him ineligible for traffic school. Client also faced a steep insurance premium increase because of his young age and 3 prior moving violations within the past 2 years. Case dismissed at the court trial.
P. v. W.B., 456152. Riverside County
Moreno Valley police cited client for failing to make a complete stop in a residential neighborhood. Client also failed to appear as he was residing in another state near his arraignment date. Armed with photos reflecting officer’s poor view and law that refuted client’s failure to appear, court dismissed all counts on the day of the court trial.
P. v. A.S., Los Angeles (Metropolitan)
Client cited for speeding near Crenshaw and King by LAPD. LAPD alleged they caught client doing 65 MPH in a 35 zone via radar. Client needed to keep insurance rates low since he drives for a living. Case dismissed after trial by declaration.
P. v. A.Z., Los Angeles (West Covina)
Union Pacific railroad officer cited client for failing to stop at a railroad crossing when facing an active warning signal. Client believed signal did not activate until after he was already proceeding through railroad crossing. Case dismissed at the court trial.
P. v. J.D., Los Angeles (Van Nuys)
After conducting a speed pace, CHP issued a citation for exceeding 65 mph on a highway. Trial by declaration proved unsuccessful. Discovery requests yielded valuable information: no calibration records are available since the officer’s vehicle is unknown. Officer’s notes are also not available. Case dismissed on day of court trial.
P v. S.K., Orange County (Harbor North)
Client found NOT GUILTY of red light violation on Newport Blvd near triangle square in Costa Mesa. State’s evidence: red light camera enforcement (photo and video of alleged violation).
P v. S.K., Orange County (Harbor North)
CHP cited client for exceeding the maximum speed of 65 MPH. Case dismissed after trial by declaration.
P v. R.D., Los Angeles (Compton)
LAPD cited client for failing to stop at a red light near Compton. Client hired a San Diego attorney that let the case lapse, resulting in the client’s DMV hold (could not get license). Law office took over case and engineered a complete dismissal on the day of trial. Client did not go to any court dates.
P. v. E.R., Orange County (Central)
CHP cited client for failure to stop at a stop sign. Case dismissed after trial by declaration.
P v. J.D., Orange County (Harbor North)
Accident fatality on PCH-1 resulted in Newport Beach police to block road pending investigation. Officer alleged driver failed to stop for road block and/or failed to make a left hand turn from left turn lane. Case dismissed due to a discovery violation.
P v. J.D., Riverside (Moreno Valley)
CHP issued a citation for exceeding maximum speed on a highway. Case dismissed after trial by declaration.
P v. E.R., Orange County (Central)
Sheriffs cited client for driving an unsafe speed for prevailing conditions. This case was dismissed after a trial by declaration.
P v. W.F., Riverside (Moreno Valley)
Need for speed client (builds fast cars) received a citation for improperly using the carpool lane. The client received his bail money back one month after the court dismissed the case after a trial by declaration.
Law Office of Juan F. Dotson
445 S. Figueroa, Suite 2600
Los Angeles, CA 90071
888-471-1377 toll free Tel./Fax
juandotson@gmail.com
Call toll-free 888-471-1377