Notable Cases

Brian was a young man with hopes of becoming a police officer like his father. At about 19, though, he began a serious relationship with a 15-year-old girl. Brian’s girlfriend manipulated him through false claims of health issues, pregnancies, and rival boyfriends. When these ploys did not work, she began to claim that her father was molesting her as a way to convince Brian to take her out of the home. Afraid of exposing his illegal relationship by reporting the abuse to the police, Brian felt that he had no option but to take the matter into his own hands. Brian and his girlfriend faked a burglary at her apartment and Brian killed her father with dozens of stabs with an icepick. At jury trial, we convinced a majority of the jury that Brian was Not Guilty of the charges, but they ultimately deadlocked and a mistrial was declared. The District Attorney appealed certain issues in the case all the way up to the California Supreme Court. Attorney Virginia M. Blumenthal argued on behalf of Brian at the oral argument before the Supreme Court and won, creating new law that is beneficial for criminal defendants in the State of California. After the Court’s decision, a plea bargain was reached in which Brian was released after just a few months. He had been facing a possible sentence of Life Without Parole. (Tried by Attorneys Virginia M. Blumenthal and Jeff Moore. Appellate work by Attorneys Virginia M. Blumenthal and Brent Romney.)

Julie was a young mother who made a little money on the side by watching her friend’s toddler during the workday. One day Julie found the child unresponsive in her crib and called 911. The baby was taken to a local hospital and then to Loma Linda Children’s Hospital, where she passed away. The Loma Linda doctors determined that the cause of death was abusive head trauma and investigators identified Julie as a suspect. Julie was arrested after an interview in which she admitted to dropping the child to the floor in frustration while changing her diaper. Julie was charged with Murder and Child Abuse Causing Death, both of which carry a mandatory life sentence. We presented a defense focused on the concept that Julie’s actions did not cause the injuries, but simply aggravated a previous head injury which had been suffered in an accidental fall. The jury found Julie Not Guilty of Murder and Felony Child Abuse. While she was convicted of Involuntary Manslaughter, she was released from custody immediately.

Alberto was a gang member with a history of violence. One day, after consuming a large amount of methamphetamine, Alberto was driving around the Inland Empire armed with a handgun and paranoid delusions. While stopped at a stoplight next to a car with two innocent men inside, Alberto found himself believing that the men were part of a rival gang and intended to kill him. He acted first. Shooting directly into their vehicle, Alberto killed the driver and severely wounded the passenger before driving away and going home. Alberto was charged with capital murder and the District Attorney sought the death penalty. At trial we presented a defense centered on his meth-fueled delusions which gave rise to a false belief in the need for self-defense. The jury found Alberto guilty of second-degree murder, which took the death penalty off the table.

Greg was a retiree, driving to his morning coffee at a local donut shop in San Bernardino. He was driving due east and prepared to make a left turn into the business’ parking lot. With the rising sun directly in his eyes, Greg stopped at the intersection and used his visor to block the glare and make sure he was clear to make the turn. Unfortunately, there was an oncoming motorcyclist that Greg hadn’t seen. The biker collided into the front quarter panel of Greg’s truck and died at the scene. Greg was cooperative with the investigation and was charged with negligent vehicular manslaughter. At trial we were able to show that this was a tragic accident rather than a negligent act on Greg’s part and he was found Not Guilty of the charge. (Tried by Attorney Jeff Moore.)

In a very complex “cold” case, Leonard was accused of the murder of a neighbor which occurred almost 25 years ago. At jury trial, our aggressive questioning exposed a pattern of prosecutorial misconduct which led to the removal of the prosecutor from the case and her ultimate disbarment. (Tried by Attorneys Virginia M. Blumenthal and Jeff Moore.)

Jeff is a repeat customer. While Jeff was originally charged with murder, our investigation and advocacy led to a negotiated plea bargain for kidnapping, assault, and criminal threats. Instead of life in state prison, Jeff was out of custody in less than 10 years. Years later, when found with a stolen car, Jeff again sought our help. We were again able to show the prosecutor that the investigation into Jeff’s case was incomplete and biased against him based upon his past troubles. The felony possession of stolen property case, which exposed him to many more years in prison, was resolved for a misdemeanor plea to disturbing the peace.

Frank is a Riverside man in his 70s. Due to abuse and neglect, Frank and his wife years ago opened their home to her sister’s six children and raised the kids alongside their own. Now in their 20s, three of Frank’s nieces went to law enforcement to claim that he had sexually abused them during their years in his home. Frank immediately hired Blumenthal & Moore to defend against the multiple charges of child molestation. With Frank facing a potential sentence of life in state prison, we approached the case as if we needed to prove his innocence to the jury. Every member of his family was interviewed. Every claim against him was investigated. Decades of CPS records were obtained and reviewed. Virginia and Jeff tried the case together against one of Riverside’s most experienced child molest prosecutors. After three weeks of trial and the testimony of dozens of witnesses, Frank was found Not Guilty of every count and every allegation. (Tried by Attorneys Virginia M. Blumenthal and Jeff Moore.)

Kevin was accused of molesting his young niece during a family get-together at Kevin’s brother’s home. When confronted by police, Kevin admitted to molesting her on just one occasion, although she later said that it had happened several times. After his arrest, the victim’s two sisters came forward and also claimed to have been molested by Kevin during a time that he lived in their home. Facing hundreds of years in state prison, Kevin challenged the prosecution to prove the accusations at a jury trial. After two jury trials, Kevin was convicted of only those crimes to which he had confessed. All other charges were dismissed by the Court or found Not Guilty by the juries. Instead of serving hundreds of years in state prison, Kevin was sentenced to 12 years. (Both jury trials were tried by Attorney Jeff Moore.)

Ken, a Marine, was accused of molesting his young stepdaughter. In support of her claim, she provided the investigators with an article of her clothes, which was found to contain some cells from Ken’s sperm. At a jury trial, we were able to expose the stepdaughter as vindictive and dishonest, with a history of fabricating evidence to bolster her false claims. All sex-related charges were dismissed and Ken was released from custody. (Tried by Attorney Jeff Moore.)

Donald was a police officer accused of sexual assault by his adopted daughter. He vehemently denied the allegations and demanded a jury trial in the matter. Facing imprisonment and registration as a sex offender, we showed the jury that the complaining witness was unreliable and could not be taken at face value. While the result of the trial was a hung jury, the prosecution saw the writing on the wall and dismissed all remaining felony and sex-related charges. (Tried by Attorney Virginia M. Blumenthal.)

Greg was a special education teacher who was alleged to have inappropriately touched three students on several different occasions while teaching. Our investigation established that the CPS and police inquiries had created false allegations and led to the destruction of exculpatory information. All sex crime allegations and felony charges were dismissed by the prosecutor.

Joe had been declared a Mentally Disordered Sex Offender after suffering a conviction for multiple acts of armed, forcible oral copulation. Several decades later he was arrested for new allegations of child molestation. With Joe facing a potential life sentence, we successfully argued to exclude any evidence of his past crimes or convictions during the trial of the new charges. Joe was ultimately able to enter a plea bargain for probation with no additional time in jail.

Paul was accused of multiple acts of forcible child molestation and physical child abuse. By pursuing an aggressive investigation into the false allegations and forcing the prosecution into a trial that they didn’t want to try, we resolved the case for a misdemeanor with no sex registration or jail time.

FH was a high school coach and teacher who initiated a sexual relationship with one of his students. The relationship was exposed, and FH was charged with multiple sex-related felonies. Facing years in state prison and mandatory registration as a sex offender, FH’s future was on the line. While the evidence against FH was strong, we were able to negotiate a resolution of the matter, which resulted in a conviction for a single offense, with NO registration required. FH’s conviction, a misdemeanor, was later dismissed by the court.

Dale was arrested after one of his girlfriends accused him of forcibly raping her in her home. While Dale admitted to an altercation in the house, he alleged that the sex acts had been consensual. Our investigation showed that the claims of rape were motivated by her fears that her actual boyfriend would find out about the time that she was spending with Dale. Facing life in prison and registration as a sex offender, we prepared Dale’s case for trial. On the eve of trial, the prosecution agreed to a resolution for a plea to an assault. Dale was placed on probation with no additional jail time and no sex registration requirement.

Donovan was accused of sexually assaulting a drunk woman at his home after an engagement party. His engagement party, as a matter of fact. The District Attorney filed felony charges against him based upon her allegation. Our investigation established that these allegations were not corroborated by any of the other members of the household, nor any partygoers. We questioned the complaining witness’s credibility and sobriety. And we encouraged the prosecutor to put Donovan on a polygraph to establish his own credibility. After we provided our witness statements and Donovan passed the poly with flying colors, all charges were dismissed by the prosecution.

Doug was a convicted child molester. Having served his time he moved to a rural area and tried to get on with his life. Unfortunately, a child at his work came forward and accused him of touching her inappropriately. He faced a life sentence if convicted of another molestation offense. By preparing for trial and providing the DA with information that called into question the credibility and motivation of the alleged victim, we were able to resolve the matter for a short prison term.

James was arrested after communicating over the internet with an adult who was posing as a minor. He was charged with several felonies, which exposed him to a certainty of a lifetime registering as a sex offender. In spite of his confession to the police, we were able to negotiate a resolution that both avoided a lengthy jail sentence and potentially allowed him to avoid the mandatory lifetime registration requirement.

Tom was caught after planting a video camera in his stepdaughter’s bathroom. A subsequent police investigation uncovered a substantial amount of underage pornography on his various computing devices. Charged with numerous felonies, Tom was facing a long term of imprisonment and a lifetime as a sex registrant. The prosecution refused to negotiate the case in good faith, so we opted to prepare for trial. On the eve of trial, facing a protracted fight in front of the jury, the prosecution folded and accepted a plea to a misdemeanor, dismissing all of the felony and child pornography charges. Tom spent no time in jail.

DM was a 10-year-old child who was arrested for a sex-related offense involving a family member. Tragically, DM was arrested at his elementary school and held in juvenile hall. Once retained, we were able to investigate the case and review the alleged evidence. We were able to show the San Bernardino District Attorney that not only were the allegations highly suspect, but that the proper jurisdiction for any prosecution would be in a different state entirely. The case was dismissed and DM was able to return to school.

DB’s matter was an excellent example of the value of proactive defense investigation, given the right circumstance. DB was arrested for exposing himself after he was identified by the minor victim. He told the police that it was a case of mistaken identity and provided alibi information to them, but they failed to do any additional investigation. He bailed out and came straight to us. Within an hour of the meeting, an attorney was following up by personally tracking down surveillance video at local businesses to verify his alibi. We got in touch with the sex crimes investigator and worked directly with them to attempt to identify the real perpetrator. Based on our past relationship with these investigators, they were willing to openly share information about their investigation to allow us to help where we could. When the police offered to close the case if DB passed a polygraph, we agreed so long as they promised to declare him “factually innocent” and remove the arrest from his record … if he passed. They agreed and he easily passed the polygraph. The police officers honored their commitment and supported DB’s petition for a finding of factual innocence.

SG contacted our office after receiving a “pretext” call from a woman he’d met at a bar one month earlier. (A pretext call is a recorded call from an alleged victim which is done as a part of a police investigation. It is a common tactic here in the Inland Empire, especially with allegations of molestation or sexual abuse.) In the call, the woman alleged that she had been too drunk to consent to sex on the night that they had met. SG challenged her accusations on the call but sought our services to help protect his rights. We spoke on SG’s behalf with the police detective while also coordinating an independent investigation into the allegations. In the end, the police closed the case as “unfounded.”

Justin was a deputy sheriff who was arrested for an alleged domestic violence incident with his then-girlfriend. The investigation conducted by his own department was extremely biased against him and ignored evidence that called into question the girlfriend’s credibility. With his career at stake, we presented Justin’s defense at a jury trial in which he was charged with Felony Domestic Violence and Inflicting Great Bodily Injury. He was found Not Guilty of the charges filed against him by the jury, and the case was dismissed. (Tried by Attorney Virginia M. Blumenthal.)

Tamara was arrested for domestic violence after an argument with her ex-husband escalated to a violent confrontation. Both parties alleged that the other struck first, and, as is all too common, the first person to contact the police became the “victim” in the case. Our investigation exposed the “victim’s” anger over Tamara’s new relationship, which was exploited during his testimony at trial to undermine his credibility. The jury saw through the lies and the incomplete investigation and found Tamara Not Guilty. (Tried by Attorney Jeff Moore.)

Chris allegedly had a bit of an anger management issue. On this particular occasion, he and his wife began to argue in front of their young daughter. When his wife pushed one too many of his buttons he pushed her into the wall, causing her to hit her head and collapse to the floor. He then jumped on top of her and began to strangle her. She was able to get free and grab her phone to call 911. He took her phone, then threatened to kill himself if she called the police. She called the police. He didn’t kill himself. Instead, he holed up in the house, finally surrendering to the police after three hours. At least, all of that was the story the police got from his wife that night. She later admitted that she’d lied and exaggerated about Chris and the incident to the police. We were able to convince the prosecution to drop the felony charges on the eve of trial. Chris was able to resolve his matter for a plea to a misdemeanor (non-domestic) assault charge.

Jeremy was an active-duty sergeant in the Marine Corps. After nearly 20 years of service, including multiple combat deployments, he was suffering from increasingly severe PTSD. As the effects worsened, he began to self-medicate with alcohol. His depression, PTSD, and drinking led to increased tensions between him and his girlfriend. Finally, one night when he had passed out drunk on the couch, his girlfriend took their child and went to a friend’s house for safety. When Jeremy awoke and realized that they were gone he spiraled out of control. After grabbing a gun he headed to the friend’s house, calling ahead to let them know that he was coming for them. Once at the friend’s house, he was confronted by his girlfriend and a family dog. According to his girlfriend, Jeremy threatened both her and the dog with the gun. The police arrived and defused the situation before any violence occurred. Jeremy was arrested and charged with multiple violent felonies, exposing him well over 20 years in state prison. Working together with our highly motivated client, we helped Jeremy identify programs that he could participate in to demonstrate that he recognized the severity of the issues that led to his behavior. With the client doing his part, we went to work to do our part. Over the strong objection of the Riverside County District Attorney and Probation, we were able to convince the Veterans Court to see Jeremy’s potential and look past the severity of the conduct. After months of maneuvering, Jeremy was admitted to the Veterans Court, becoming one of the most serious cases to ever be accepted. Once he has completed the process, Jeremy will have earned a dismissal of all charges. It is important to note that the Veterans Court process is extremely intensive and demanding of its participants. While we are justifiably proud of our role in helping Jeremy gain admission to the program, it is Jeremy who has put in the work, focus, and dedication needed to meet its exacting standards.

Todd was arrested for felony assault and domestic violence after an altercation with his girlfriend. Facing the loss of his career with a felony conviction, Todd was reluctant to take his chances in front of a jury. We were able to negotiate a misdemeanor resolution which allowed Todd to continue in his career and serve no time in jail.

Sam was an Army veteran who was arrested for domestic battery after a minor scuffle with his girlfriend. We were able to get Sam into the Military Diversion program (a program within the larger Veterans Court umbrella). Instead of suffering a conviction for a crime of domestic violence, Sam’s case was dismissed after he completed the ordered terms of diversion.

A nurse, Karen was facing both a lengthy prison sentence and the loss of her career when she was accused by sheriff’s investigators of extreme physical abuse of her son. Prior counsel hadn’t made any headway with the DA’s office in spite of Karen’s work assembling medical information and opinions to support her defense to the charges. Once hired, we were able to convince the DA to dismiss the case after making Karen available for a polygraph examination, which she easily passed. All charges were dropped.

Ms. PC was arrested for felony child endangerment after a severe psychotic episode in her own home. We were able to resolve the subsequent prosecution for a misdemeanor charge of “disturbing the peace,” with the only real probation requirement being to follow the directives of her psychologist. This case was sadly filed and resolved prior to the passage of California’s new “mental health diversion” law. The resolution of the case protected PC’s green card, which could have been threatened by a conviction for child abuse.

William, a retired police officer, was arrested for brandishing his pistol after an altercation at a local bar. At jury trial, we were able to show that his actions had been in lawful self-defense and William was found Not Guilty. (Tried by Attorney Virginia M. Blumenthal.)

Leroy, a police officer, was arrested and charged with brandishing his pistol after an altercation on the freeway with another driver. At jury trial, we were able to show that his actions had been in lawful self-defense and Leroy was found Not Guilty. (Tried by Attorney Virginia M. Blumenthal.)

Eahab was accused of brandishing a firearm after a road rage incident. Facing felony charges and the possibility of losing his Second Amendment rights, he retained us to fight his case. At his jury trial, we attacked the credibility of the accuser and exposed the weaknesses of the police investigation. Eahab was found Not Guilty of the brandishing charge and was convicted only of reckless driving.

Greg suffered a conviction for misdemeanor battery after a minor incident in a San Bernardino parking lot. He handled the case himself and thought it was behind him. Fast forward a couple of years and the California Department of Justice stops by his house to ask him about some guns that are registered to him. Greg cooperates and shows the agents his various (legal) firearms and ammunition. Imagine his surprise when the agents then seize the firearms and arrest him for being a “prohibited person” with a firearm…. Once retained, we gathered the plea forms and transcripts from the San Bernardino court case to show that he was NEVER advised that his conviction for a battery would trigger a 10-year ban on gun ownership in California. We worked with the DOJ agents and the District Attorney and were able to prevent charges from being filed against Greg. Furthermore, we even arranged for the Department of Justice to release Greg’s firearms and ammunition to us for safekeeping (with Greg’s permission) until his 10-year ban expired.

We were contacted by a citizen who discovered an illegal machine gun in some property that s/he had taken possession of. We were able to use our contacts with local law enforcement to act as a middleman for the surrender of the firearm with no arrest or prosecution.

Graham is an avid hunter and successful businessman. After participating in a youth outreach hunt, he threw his field bag into the closet without cleaning it out. About a week later he grabbed the field bag to use as a carry-on as he headed out the door for a family hunting trip. Upon reaching the airport he checked his hunting rifles and ammunition as required and proceeded to security to board the plane. The TSA agent quickly noticed something that Graham had not … a box of ammunition left over from the youth hunt the week prior was still in the field bag. He was cited for the crime of bringing ammunition into a sterile area of an airport and allowed to go on his way. In court we presented the San Bernardino District Attorney with information to help them understand Graham’s unthinking oversight, but they were unmoved and refused to deviate from their “Zero Tolerance” policy of not plea bargaining those cases. With nothing to lose, we aggressively litigated the only issue available to us, which was whether or not the screening area is actually a “sterile area” of the airport. We forced the airport authority to come to court to admit that they would not provide us (or the District Attorney) with the specific security plan for that portion of the facility. Without that information, the prosecutor’s case became much less compelling. The matter was resolved with a … to an infraction for Disturbing the Peace. So much for zero tolerance.

Pat has had quite a life. In his youth, Pat picked up a couple of felony convictions, including one case in which he pled guilty to being a felon in possession of a firearm. Time passed and Pat grew up, putting his law-breaking years behind him. After his father died, Pat took over the management of the family gun range. Due to his felony convictions, Pat went to great lengths to keep guns and ammunition out of his possession, relying on the advice of a civil attorney to stay “legal.” [Narrator: It wasn’t.] Pat was arrested after the Department of Justice conducted an investigation into the known felon who was managing a gun club. We were able to show the prosecutor that Pat was relying on legal advice when he decided that he could run the business and that he had done everything in his power to stay on the good side of the law. All felony charges were dropped.

Tracy was charged with brandishing a knife at a car on the freeway after a road rage incident. Our investigation established that this was a case of mistaken identity. We provided statements of alibi witnesses to the prosecutor and showed that he could not have been at the location of the alleged incident. The case was dismissed by the DA.

KH was a highly decorated combat veteran. He had been diagnosed with service-related PTSD and had developed his own coping mechanisms to fight his mental health issues on his own terms. These mechanisms included the possession of certain military-grade weapons within his home and self-medicating with controlled substances. Suffering from a PTSD episode that he was unable to control on his own, KH spread gasoline through his family home and threatened to ignite it. In spite of his issues, KH had the support of his former command and took ownership of his actions. Against the strong opposition of the district attorney, we convinced the Veterans Court to give KH a chance. KH took advantage of the opportunity and became a model for all future Vet Court participants.

Sal was arrested after he was pulled over by Hemet Police and found to be high on speed. A search of his vehicle revealed a large quantity of methamphetamine. Because he had a history of drug trafficking convictions, Sal was facing over 10 years in state prison when he was charged with Possession for Sales and other trafficking crimes. At trial, we showed that there was no direct tie between Sal and the substances that were found inside his vehicle. He was found Not Guilty of all felonies and charged DUI, and convicted only for a misdemeanor charge of being under the influence of speed. (Tried by Attorney Jeff Moore.)

Omar was pulled over by a drug task-force agent on a major interstate freeway for an unsafe lane change. After the agent’s dog alerted Omar’s car, a search revealed over 100 pounds of cocaine. We challenged the legality of the stop of the vehicle and the subsequent search. After the task-force agent testified, the judge agreed with us that he lacked credibility in his claim of probable cause for the stop. The motion was granted and the drugs were excluded from evidence. Case dismissed. Was that the end of it? Nope. The District Attorney immediately refiled the case (as they are allowed to do). We asserted our right to re-hear the suppression motion in front of the same judge. Not surprisingly, he granted the motion again. Surprisingly, we were able to get the agent to admit that he had misled the court in the first hearing while he was testifying under oath! Not only was the case dismissed again (and for good this time), but the agent was removed from his task force and his admissions will forever taint his testimony in future cases. (Litigated by Attorneys Jeff Moore and Brent Romney.)

Vincent and his girlfriend were at his home one night, drinking. Drinking a bit too much, as it turns out. A disagreement turned into an argument. The argument turned into a fight. The fight got physical and the next thing they knew the two were having a naked brawl in the front yard of his home. The neighbors called the police after Vincent’s naked, drunk girlfriend ran into their home to hide. Vincent, on the other hand, went to back to his home and closed the door. Once inside, for some reason, he retrieved his handgun and sat on his couch in the living room. The police response was … aggressive, as they perceived Vincent to have barricaded himself in the home. As the SWAT team surrounded his house, a gunshot was heard from inside. The police believed that he had either committed suicide or had spotted a SWAT member and attempted to kill the police officer. In truth, neither had happened. After his gun accidentally discharged through the wall of his home, Vincent wandered down the hallway and passed out in his own bed. He slept through the next few hours of the deployment, blissfully ignorant of the perimeter around his home, the school that was evacuated nearby, and the police tank that was destroying his lawn. For Vincent, the first sign that there was a problem was when he finally heard a knock at the bedroom door and opened it to find a police robot asking him to put on some pants and step outside to talk to the nice officers. He did, where he was arrested for domestic violence and attempted murder of a police officer. He admitted to the domestic violence incident on the front lawn, but strongly denied any attempt to shoot a cop. We warned the prosecutor that he would lose the trial for the attempted murder charge, but he chose to proceed. He should have listened. At trial, our cross-examination of the investigating officer exposed an unprecedented level of incompetence and bias in the investigation. Before the officer left the stand, the prosecution had dismissed the attempted murder charges and accepted a plea bargain for the domestic violence charge that Vincent had admitted from the beginning. Vincent was released from custody that same day. (Tried by Attorneys Virginia M. Blumenthal and Jeff Moore.)

When Moreno Valley PD responded to a noise complaint regarding a house party, Brandon answered their knock at the front door. The officers did not appreciate his attitude and demanded entry. When Brandon refused to allow the officers in without a warrant, he was shot with pepper balls, beaten, and arrested for resisting arrest. At jury trial, we exposed the officers’ illegal actions and won a swift verdict of Not Guilty for Brandon. (Tried by Attorney Jeff Moore.)

Kam was employed by a small business in Riverside County. An altercation broke out when an unruly customer was removed from the business by Kam’s security guard. The customer escalated the situation by breaking a window at the front of the store. The security guard doubled down, pulling a firearm and shooting at the customer as he fled. While Kam was not involved in the altercation, a surveillance camera caught him cleaning up the scene of the shooting by picking up the shell casings from the ground. The police arrived soon after and Kam denied knowing about the shooting or any evidence from the incident. He was arrested and charged with a felony for being an accessory to the shooting after the fact and destroying evidence. We were able to separate Kam’s case from the security guard’s and secure a misdemeanor resolution with no time in jail.

Bernard was charged with felony Workers’ Compensation fraud after he filed a claim for a workplace injury. While working at an auto dealership, Bernard strained his back while shifting car parts around on the job. Bernard refused to take any deal on the case, as he knew that he had done nothing wrong. We rejected all offers and presented Bernard’s case at a jury trial, securing a Not Guilty verdict on all charges. (Tried by Attorneys Virginia M. Blumenthal and Heather Green.)

After a years-long investigation into Jesse’s landscaping business, the Riverside District Attorney arrested Jesse and his son for millions of dollars in alleged Workers’ Compensation fraud. While we were able to convince the prosecution to dismiss the charges against Jesse’s son, we defended Jesse at a jury trial on seven felony charges. Among other things, the District Attorney alleged that they had hidden their extensive tree trimming operation from the State Compensation Insurance Fund for years in order to keep their Workers’ Comp premiums artificially low. At the trial, we were able to call the SCIF team that came out to film a safety video for the company … focusing on their tree trimming operations. While the jury hung on issues unrelated to guilt, we were able to resolve the case for a misdemeanor plea bargain and avoid for the client the time and money investment of a lengthy re-trial. (Tried by Attorneys Virginia M. Blumenthal and Jeff Moore.)

Ernest was a successful businessman who, with his partners, helped lead a local municipality to a period of unparalleled growth and success. The City’s tactics caused concern with other local entities that felt entitled to some of the monies which were raised and used by the City to build out its infrastructure. Federal investigators found no wrongdoing, but the City lost a $40 million civil suit which was brought by a competing entity. Looking for someone to blame for this loss, the District Attorney filed a prosecution against Ernest, his partners, and several of the other members of the city government that had brought about the local prosperity. While the case was quite defensible and poorly investigated, the defendants were facing a protracted, draining criminal prosecution and an equally daunting civil lawsuit. If they did lose, they faced a long prison sentence and bankruptcy. Working closely with the other defense teams and the civil representation, we were able to secure a joint resolution of the civil and criminal actions. Rather than serve a prison sentence for multiple felonies and a $40 million restitution bill, Ernest pled guilty to one reducible felony, was given house arrest and probation, and paid a relatively small restitution amount, putting these cases behind him.

Donna was a nurse who worked her way up to the administration of a large public hospital facility. She consistently brought the facility through the fiscal year overperforming and under budget. Her success was due in part to the efforts of Daniel A., a physician/administrator and her co-defendant in the subsequent criminal prosecution. Their success with the hospital drew attention to the fact that Daniel was being paid using what Donna described as “creative accounting” in order to hide the total amount that he was earning from the hospital. After years of litigation, we presented a joint defense with Daniel in front of a jury. Daniel was acquitted of all charges, and Donna was acquitted of all but one charge by the jury. In the appellate process, the Court agreed with our position at trial and ultimately found that Donna was innocent of the charges. (Tried by Attorney Virginia M. Blumenthal.)

TW’s vehicle was damaged after an incident on the freeway. She did not immediately make a claim to her insurance because of the high deductible. Several months later, though, she decided to fix the damage and filed a claim. When the claim was filed, she provided an incorrect date for the actual incident. The claims adjuster located photos which clearly established that the damage occurred prior to the date that she had reported, and she was arrested and charged with felony insurance fraud. While she admitted to the police that she had misled the insurance company, we were able to show the prosecutor that the deception wasn’t enough to justify a felony conviction. She was charged with an irreducible felony, but the DA was persuaded to accept a plea to a different offense as a misdemeanor with no jail time. The charge was later dismissed.

Alex was a mid-level employee at a local construction company. The owners of the company were allegedly committing millions of dollars worth of fraud by submitting falsified payroll reports to various public agencies. Alex was responsible for creating the false reports and submitting them after swearing that they were true under the penalty of perjury. When the alleged fraud was uncovered, Alex and the management of the company were arrested and charged with over 1,000 felony violations, collectively. We worked with the District Attorney and were able to show the prosecutors that Alex had not profited from his actions and had merely been following the directives of his supervisors. All felony charges were dropped against Alex, and his case was resolved for a single misdemeanor plea to being an accessory to a crime.

Rosa was contacted by police after she was seen crashing her car into some trash containers in the parking lot of a local restaurant. After being arrested for what would be a third DUI, she was facing a significant amount of jail time if convicted. At jury trial we attacked the investigation and the credibility of the police officers, resulting in a verdict of Not Guilty. (Tried by Attorney Jeff Moore.)

Gilberto was pulled over by CHP and cited for driving under the influence. The Riverside District Attorney filed charges based upon the police report filed by the patrolman. After several months we were able to obtain a video of Gilberto’s driving which clearly demonstrated that the officer had fabricated the basis for the initial traffic stop. When confronted with the video, the DA dismissed the case and dropped all charges.

Elaine was in town to help her elderly aunt do some home maintenance. She drove the aunt to a local Home Depot and, using the aunt’s handicap placard, parked in the handicap spot at the front of the store. Unbeknownst to Elaine and her aunt, the placard was issued in someone else’s name (it’s a long story). Amazingly, this was discovered by a police officer that just happened to be doing an enforcement sweep on placards to combat fraud and abuse. As the driver, Elaine was cited for misuse of a handicap placard, a misdemeanor. As a matter of principle, Elaine refused to plead to any offense to resolve the matter, and we happily prepared to take the case to a jury trial to prove her innocence. The prosecution made offer after offer to try to avoid the trial, but Elaine refused to budge. We showed up, ready for trial, and the DA finally admitted their mistake and dismissed the case.

David was charged with a felony hit and run after his vehicle struck a police officer. The officer was responsible for blocking an intersection and preventing civilians from entering into an area threatened by a wildfire. David was distracted by his need to get to his home in the burn area and get his wife to safety. Failing to see the officer, David drove around the roadblock and proceeded to his residence. The rear of David’s vehicle struck the officer, knocking him backward, as he approached to try and catch David’s attention. While the officer alleged that David had seen him, we were able to show the prosecutor that this simply wasn’t true. The felony charge was dropped.

Peter was approached by a woman on University Avenue in Riverside, offering to perform specific sex acts. He was amenable and drove to a hotel to take advantage of his perceived good fortune. As it turns out, though, the woman was an undercover police officer. Worse (for him), once he got to the hotel the only thing she did was take him into custody. The police report alleged that the officer had offered to perform sex acts in exchange for money, which would make Peter guilty of soliciting prostitution. We demanded the audio recording of the encounter to challenge the officer’s story. The recording revealed that she had not requested money or any other thing of value. Without an agreement for payment, the transaction was simply a date, not a crime. Case dismissed.

Reza was an immigrant who held a green card for U.S. residency. One summer afternoon he responded to an ad on an online board for “escorts.” After some texting back and forth, Reza went to a hotel to meet the woman that he’d been chatting with. As it turns out, that woman was a man. And that man was a police officer. And that police officer arrested Reza for solicitation of prostitution, a misdemeanor. We were able to show the prosecution that Reza faced the loss of both his career and his green card if he was convicted of a crime of moral turpitude, such as solicitation of prostitution. The DA agreed to a resolution for “disturbing the peace,” which kept Reza’s record clean enough to allow his life to continue on uninterrupted. We were later able to reduce the conviction to an infraction, essentially erasing the criminal conviction from his record. We also worked with Reza to put together a presentation for USCIS regarding the incident, which helped him avoid any lasting repercussions.