:: San Bernardino (Rancho) Court
June 2008

My client was charged with felony grand theft. A strike and prison prior was also alleged. The client’s exposure was up to 7 years in prison. The DA would not dismiss the strike or prison prior and refused to reduce the charge to a misdemeanor, which is what it should have been filed as originally. At the preliminary hearing I cross examined both officers and it became clear that the client’s conduct did not rise to the level of a felony. The Judge granted my motion pursuant to Penal Code 17(b) and reduced the charge to a misdemeanor. My client will now receive informal probation with work release.

:: Riverside Court
May 2008

My client had two misdemeanor cases from 2006; one case involved a DUI (driving under the influence with a blood alcohol level of above .08), and the other case involved possession of meth-amphetamine and a pipe. In both cases, my client failed to appear in court for arraignment. I filed a Serna motion (alleging the denial of a speedy trial) in both cases. The court granted my motions and dismissed all the charges.

:: San Bernardino (Rancho) Court
May 2008

My Client was charged with felony possession for sale of marijuana. Twenty-two baggies of marijuana were found in the center console of his vehicle. He claimed that he never sold any drugs and all the marijuana was for his personal use. At first the DA refused to negotiate with me, but after my persistent coaxing and the fact that I convinced the DA that my client was a hard working young man with a nice family who had no other criminal record, I was able to get the charge amended to a misdemeanor. My client plead guilty to misdemeanor possession of marijuana and received Diversion. After his Diversion is completed, the conviction will be dismissed from his record.

:: San Bernardino (Rancho) Court
March 2008

My client was charged with felony theft and he had a prior strike. His bail was set at $150,000, which he had no way of paying. I did a bail reduction motion and the court reduced his bail to $50,000. He was able to obtain $5,000 and was released on bail.

:: Riverside Court
January 2008

My Client, a Mexican National with no legal status, was charged with felony theft; to wit, stealing $1000 worth of plant material from private property. If he got convicted of this offense he’d have been deported and would likely never have been able to obtain legal status in the United States. The DA refused to reduce the charges to a misdemeanor, but after an in-chambers conference with the Judge, the Court agreed with me that the offense was overcharged and granted my motion to reduce the charge to a misdemeanor. My client plead guilty to a misdemeanor theft and was sentenced to 30 days of work release. He was not deported and will have the possibility of applying for his citizenship in the future.

:: Riverside Court
December 2007

My client was charged with receiving stolen property, a felony; to wit. 13 candy bars and 5 soda cans. He was accused of accepting candy and sodas from a man that broke into a snack shop and stole cash and merchandise. My client had a prior strike from when he was a juvenile. His exposure, if convicted, was up to 6 years in prison. I thought it was ridiculous that the DA filed the charges as a felony but she refused to reconsider. I cross examined the officers at the Preliminary Hearing and showed that there was insufficient evidence to presume the client knew the food was stolen when he took it into his possession. The court dismissed the case and chastised the DA for filing such a weak and silly case.

If you have been charged with a crime, it is imperative that you contact an attorney as soon as possible. Call criminal defense attorney Ann Gottesman so she can begin helping you with your case.

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