Case Results 

Felony Complaint Successfully Plea-Bargained (2013)

United States v. (Name Confidential)

United States District Court, Southern District of California

Defendant was charged with 18 USC Section 2252(a)(2), receipt of more than seventeen thousand (17,000) child porn images, and more than three hundred (300) videos of prepubescent boys engaged in sex with other minors, and adult males! The statute prescribes 20 years maximum imprisonment. Indictment waived. Plea-Agreement pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B). The Government agreed to an Adjusted Offense Level of 33 under the Sentencing Guidelines, exposing our Criminal Category I Defendant to 97 to 121 months imprisonment. Defense counsel requested further downward departures by written motion, with the express understanding the Government would oppose them. The Government filed its opposition. Both sides filed Sentencing Memorandums, and Sentencing Summary Charts. At the contested sentencing that lasted approximately an hour and forty-five minutes, the Government sought a sentence of 97 months. Probation, whose Pre-Plea Report was challenged by the defense with twenty-one (21) written objections, also recommended 97 months. Following motions and argument by both the Government and the defense, the Court granted defense counsel's request for downward departure, and sentenced Defendant to 63 months. Victim restitution is always an issue in this type of case.

Felony Case Successfully Plea-Bargained on the Morning Set For Jury Trial
People v. (Name Confidential)
Riverside Superior Court - Southwest Division

Defendant charged by Information with Grand Theft (Penal Code Section 487(a), Burglary (Penal Code Section 459), and Embezzlement (Penal Code Section 503). Case plea-bargained the morning jury selection was set to begin. Defendant plead guilty to Grand Theft. The Burglary and Embezzlement felony counts were dismissed. Defendant sentenced to 120 days of house arrest with GPS monitoring, with 17 days combined credit for time served. Bond exonerated. Kathleen Hilz, Paralegal, assisted in the favorable resolution of this case.

Multiple Offender DUI Case Successfully Plea-Bargained
People v. (Name Confidential)
San Diego Superior Court - East County Division

Defendant charged in a Criminal Complaint with Driving Under the Influence (California Vehicle Code Section 23152(a) and Driving With a Blood Alcohol Level of 0.08% or Greater (CalifornianVehicle Code Section 23152(b). Two prior DUI convictions within a ten year period were alleged as to each count. The statutory minimum punishment is 120 days county jail. Defendant plead guilty to Driving With a Blood Alcohol Level of 0.08% or Greater, California Vehicle Code Section 23152(b), and was sentenced to 180 days of GPS monitoring with no house arrest, and 2 days combined credit for time served. Defendant must complete the M.A.D.D. class, and enroll in and complete the multiple offender alcohol program. Minimum statutory fines/penalty assessments, and court administrative fee for monthly payment plan.

Vehicular Manslaughter Case Successfully Plea-Bargained
People v. (Name Confidential)
San Diego Superior Court - South County Division

Defendant charged in a Criminal Complaint with Vehicular Manslaughter (Penal Code Section 192(c)(2). District Attorney sought one year county jail punishment, and insisted any plea agreement include this punishment. Defendant plead guilty to the Court without the benefit of a plea agreement or indicated sentence from the Court. The Prosecution filed a Sentencing Memorandum setting forth circumstances in aggravation in support of a one year county jail sentence. Defense filed a reply Sentencing Memorandum setting forth circumstances in mitigation in support of no county jail time. After a formal sentencing hearing, the Court sentenced Defendant to 120 days of work furlough, and payment of a $1,000.00 fine payable at the rate of $100.00 per month. Defendant booked and released. Kathleen Hilz, Paralegal, assisted in the favorable resolution of this case.

Felony Case Successfully Plea-Bargained at the Pre-Preliminary Hearing Conference
People v. (Name Confidential)
San Bernardino Superior Court - Joshua Tree District

Defendant charged by Criminal Complaint with Embezzlement (Penal Code Section 504(a)). The items involved, worth more than $4,000.00, was new merchandise taken from a Military Exchange where Defendant was employed. Case plea-bargained at the Pre-Trial Conference. Defendant plead guilty to Embezzlement. The Defendant sentenced to 90 days of house arrest with GPS monitoring. Defendant will wear the GPS for 45 days as a result of receiving Penal Code Section 4019 credits.

Felony Attempted Murder Complaint Successfully Plea-Bargained
People v. (Name Confidential)
Orange County Superior Court Harbor Division

Defendant shot the victim five times with a .38 Special. Miraculously the victim didn't die! He wascharged with Willful, Deliberate Premeditated Attempted Murder (Penal Code §664(a)/187(a)) with Special Allegations that he committed Great Bodily Injury (Penal Code §12022.7(a)) and Personally Discharging a Firearm Causing Great Bodily Injury (Penal Code §12022.53(d)). Defendant was facing Life in Prison with the possibility of parole. After many months of intense negotiations case resolved by plea agreement whereby Defendant plead guilty to Assault With a Deadly Weapon (Penal Code §245(b)) with Use of a Firearm (Penal Code §12022.5(a)).

Felony Complaint Successfully Plea-Bargained
People v. (Name Confidential)
San Bernardino Superior Court - Central Division

Defendant with California Vehicle Code §§23152(a), 23153(b), 14601.1(a). This DUI involved a two car collision in which all four vehicle occupants were injured, two severely. Case Plea-Bargained. Defendant pled guilty to two counts of DUI with injuries, CVC §23153(b). Defendant sentenced to 6 months house arrest with GPS monitoring. Defendant Penal Code §17(b) eligible after 24 months. 

Felony Complaint Dismissed With Prejudice
United States v. (Name Confidential)
United States District Court, Southern District of California

Defendant charged with 21 USC §§952 and 960, Importation of 16.36 kilos of Marijuana in to the United States from Baja. Government agreed to deferred prosecution. Case dismissed with prejudice. Court granted Defendant's request for the return of a valid US Passport.

Felony Complaint Successfully Plea-Bargained
United States v. (Name Confidential)
United States District Court, Southern District of California

Defendant charged with 21 USC §§952 and 960, Importation of 16.10 kilos of Cocaine in to the United States from Baja. The statute prescribes a maximum punishment of life imprisonment. The guideline range for imprisonment was 70 to 87 months. Indictment waived. Plea-Agreement pursuant to Federal Rule of Criminal Procedure 11(c)(1 (B). Government agreed to an Adjusted Offense Level of 32 under the Sentencing Guidelines. Defense requested further downward departures with the express understanding the Government would oppose them. At sentencing the government sought 37 months; Probation recommended 51. Court granted Defense request for downward departure and sentenced Defendant to 24 months with substantial credit for time served. Sentencing Memorandum written by Carl M. Hancock, Esq. Sentencing negotiations and sentencing argument by Alan E. Spears, Esq.

Felony Complaint Successfully Plea-Bargained
People v. (Name Confidential)
San Bernardino Superior Court - Fontana Division

Defendant charged with Attempted Murder and use of a semi-automatic pistol. Penal Code §§664, 187, 12022.53(a), 12022.53(b), 12022.5(a), 12022.5(a)(d). Defendant was facing twenty-nine years to life. Case plea-bargained to one count of Assault With a Deadly Weapon, Penal Code §245(b), and Personal Use of a Firearm, Penal Code §12022.5(a)(d). Sentenced to thirteen years State Prison with substantial credit for time served.

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 Defendant 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.