Criminal
People v. S.B. Legacy case #: S69251. Client had felony conviction on her record for 40 years plus. We were able to finally get it expunged and no she has no not dismissed convictions on her record.
People v. S.B. Legacy case #: S69251. Client had felony conviction on her record for 40 years plus. We were able to finally get it expunged and no she has no not dismissed convictions on her record.
People v. E. G., Case #s: CN410735, CN400915, CN412360: Client was arrested for felony DUI, because it was his 4TH DUI, when he hired us. He had a felony residential burglary, a felony 1st degree burglary and a felony domestic violence assault with a deadly weapon not a firearm causing great bodily in his background; and the 2 burglaries were both strike offenses. In California if you get 3 strikes you are out and get life in prison. Strikes are awarded for serious felonies or those resulting in great bodily injury. Plus, he had a ‘First Prison Prior’. This means he has been to state prison and has had another felony arrest within 5 years of his release from prison. All these issues makes prison mandatory if convicted for another felony. This is all bad enough. But while we were litigating his case this guy was arrested 3 more times, getting 3 additional serious misdemeanor offenses and convictions. Not felonies but still denoting he cannot be law abiding or is a candidate for probation. He also was ordered not to drink alcohol of consume drugs and a scram (alcohol monitoring) device was installed on his person (ankle bracelet). However, he had 2 episodes where the Scram device denoted he has violated this no-alcohol order The only way for him to avoid prison, with his background and conduct while we were litigating this matter, is to strike one of the old strikes because, if you have 2 strikes and are convicted for a 3rd felony it is a 3rd strike resulting in life in prison. Plus, we had to convince judge his 3 posts felony arrest charges were aberrations. Disposition: We were able to strike the strike and out client avoided prison with 3 years probation!!
People v. D.L. District Attorney, Case #: 2100003: (No Court Case # because we prevented court action.): (in US Military). Charged with (1) Felony Domestic Violence, i.e., willfully inflicts corporal injury resulting in a traumatic condition on girlfriend or spouse, (Ca. Penal Code sec. 273.5(a)) ; (2) Felony Assault upon the person of another with a deadly weapon or instrument other than a firearm by any means of force likely to produce great bodily injury. (Ca. Penal Code sec. 245(a)(4)) Disposition: Convinced Prosecution, (SD Co. District Attorney) to not prosecute by pre-prosecution legal memorandum, mitigation packets and discussion. We saved his military career.
Matter of M. S. No Court Case #. We prevented It getting to court, i.e., past investigative stage. District Attorney # not issued: This was an investigation for prosecution by SDPD (San Diego Police Dept.) and CPS (Child Protective Services, now Child Welfare Services) for child sexual abuse of a step daughter years ago when child was 4-6 years old. She is now 15 years old. He allegedly molested her when he took her to school and they would park where he would make her “feel him”. He resided with her and her mother but is not married to her, who still believes in him mother. The 15 year old reported abuse to CWS. Disposition: No Charges! We were able to prevent prosecution after analyzing the claims of the youth and then developing a strategic defense, advice to client, and some discussion with law enforcement and through them, CWS, who will not speak to attorneys. Alleged Child alleged victim now resides with her father, who has a second wife and children. Client had to move away from mother’s home in spite of their having two children together so daughter can feel comfortable visiting her mom or maybe return home. We were able to maintain client’s ability to visit Mother because of their joint children.
The Matter of A. R., No Court Case # because we prevented court action (No charges filed): a 21 year old college student was accused with felony fraud-embezzlement by her employer because she completed employment time sheets denoting she was working at a 3rd party job site when she allegedly was not in fact working there. This fraud-embezzlement subjected employer to a loss of over $5000.00 in wages that were paid to my client. This particular job site’s work subsidized by San Diego County so fraud reached county government also. Disposition: No Charges! I negotiated with Employer and through them the San Diego County to prevent prosecution. Client must merely apologize to 3rd party and employer and pay back money. Client can continue her education and get financial aid where as if charged both her education and aid to pay for it would have been suspect, not to mention she may have done time in jail and, or been subjected to felony probation.
People v. M.G. No Court Case #. Didn’t get to court because we prevented court action. DA # not issued: No Charges! Client was arrested for (1) Felony Child Abuse: Corporal Punishment of Minor (Ca Penal Code sec. 273d); and (2) Felony Child Abuse: Inflicting Great Bodily Injury on Minor (Ca Penal Code sec. 273a). Disposition: We were able to argue and convince prosecution (SD Co. District Attorney) prevent charges after pre-complaint litigation by legal memorandum, mitigation packet and discussion.
People v. V.H.: Case #s J74543: Client conducted her life for years under the shadow of these not serious but charges but, because they had arrest warrants attached, they required she avoid law enforcement. She shuddered every time she saw law enforcement personnel. Then, she hired me. Charges were: (1) Driving on a Suspended Driver’s License, (VC 14601.1(a); (2) Failure to provide evidence of Financial Responsibility, (VC 16028(a); (3) Failure to Appear after Written Promise for Vehicle Code Offense, (VC 40508(a)). Disposition: Case Dismissed per Penal Code sec. 1385, i.e., in the Interest of Justice;
People v. J.A. Case # CD278829: this 17 year old boy was being prosecuted for (1) Felony Vandalism, i.e., maliciously destroys any real or personal property not his or her own, (Ca Penal Code sec. PC 594 (a)(b)(1)) and (2) Felony Robbery, intentionally and forcefully taking property not his own with intent f keeping it forever, (Ca Penal Code sec. PC 211). His father, an employee of the San Diego City Attorney criminal division works in the court as a clerical supervisor for clerical staff of the City Attorneys (misdemeanor prosecutors). He was i the court building with we attorneys 3-4 times a week, every week. He knows of all well known criminal defense attorneys. He knew me enough to speak to. But, he needed an attorney for his 17 year old only son, his pride and joy, he chose me, Ernest Lee Sr. I delivered: Disposition: Case dismissed by court after extensive litigation, motions, argument and trial prep. This young many is now in college!
People v. J. O. San Diego PD #: 19355075542: No Court Case # because we prevented court action: Arrested for Felony Domestic Violence, i.e., willfully inflicting corporal injury resulting in a traumatic condition upon boyfriend (Ca. Penal Code sec. 273.5(a) ) Disposition: We were able to prevent prosecution by filing legal memorandum, mitigation packets and discussion with San Diego District Attorney.
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