Wednesday, September 28, 2016

What We're Working on Now

It's been a busy summer at our office and I know I've been neglecting this blog for the past month. We've handled some really interesting cases and we're continuing to help our clients achieve some fantastic results. Here's a sample of what we're working on now:

-Domestic violence trial in Orange County:  I'm scheduled to start a trial in Newport Beach this week. We were set to begin on 9/26, but it's been postponed a couple times already.  It looks like we should be ready to start selecting jurors tomorrow.  I can't disclose too many details right now, but I can attest that the accusations against my client are nonsense.  Stay tuned for updates as they become available.

-Under the influence of a controlled substance in Riverside (Indio, Coachella Festival):  I LOVE defending cases that arise at the big music festivals in Southern California.  Police arrest so many people so quickly that glaring mistakes are inevitable.  They do a terrible job of collecting evidence, writing detailed reports, filing cases in a timely manner, and preparing to appear in court.  If you're arrested at Coachella, the HARD festival, or any other major EDM event in the area, you should definitely consider speaking with a qualified, local attorney before you make any decisions.

We recently represented a young man who had been picked up at Coachella five years ago.  At the time, police believed that he was under the influence of drugs, but they took him to a mental health hospital rather than jail.  He was informed that he was not under arrest and that he was only being held for observation to ensure his own safety.  His parents were advised that no court appearances would be necessary.  Six months later, the DA filed criminal charges against my client, but they never made any effort to notify him that a court date had been scheduled.  Now (five years later), he applied for a job and he learned that he had an outstanding arrest warrant.

We filed a motion to dismiss the case due to a violation of my client's constitutional right to a speedy trial. When there has been a long delay between the filing of charges and the client's first court appearance, the burden falls on the DA to explain or justify the delay.  We argued that the delay in this case was unreasonable and the judge agreed.  Case dismissed.

-Child Abuse in Los Angeles (West Covina):  My client had used (what I consider to be) reasonable force to discipline an especially-obstinate child.  The child was not injured, the evidence was weak, and the force she used against the child was not clearly "abusive" or "excessive".

My client chose to voluntarily begin parenting / anger management counseling before the case ever ended up in court.  The DA agreed to dismiss the case if my client continues to participate in the counseling that she was already attending.  I call that a "win".

-Restraining Orders:  We're continuing to achieve fantastic results with restraining order hearings. This summer, I've handled restraining order cases from San Diego to Chatsworth, and from Long Beach to San Bernardino.  My cases have involved accusations by parents against their children, children against their parents, neighbors against each other, and businesses against their employees.  These cases are all unique, and I think they're a lot of fun to handle.

I'm also defending a couple cases right now where my clients are accused of violating existing restraining orders.

If you or a loved one has a criminal matter or a restraining order case in Southern California, call our office for a free attorney consultation.  (714) 449-3335.  Ask for John.

Thanks for reading.

Fullerton Criminal Defense Attorney