San Mateo County Superior Court
Client charged with illegal possession of a firearm and had a previous juvenile strike conviction of armed robbery with use of a gun enhancement. Recent case law prevents juvenile strike convictions from being used on adults. However, the district attorney treated this as a strike prior in that they refused to make any pre-trial offer. Client was exposed to state prison. The defense filed a motion to dismiss for violation of the client’s right to a speedy trial. Defense team had interviewed witnesses who stated the police officer had made them guess when shown a photo line-up could not identify the client now as it had been almost 2 years since the incident.
San Francisco Superior Court
18 y/o client was charged with felony assault with a deadly weapon, terrorist threats, false imprisonment and domestic violence. Client was exposed to 6 years of state prison and 2 strike convictions. Investigation and preliminary exam testimony revealed that no weapon was ever found. The alleged victim’s testimony indicated that she was very inconsistent with her story about the use of a knife. Charges were reduced to simple assault and client was granted probation.
No strike convictions. No state prison.
Marin County Superior Court
3 strike case. Client facing 25 to life as the result of two prior sexual assault convictions and the new charge of assault with a deadly weapon. Client was at the Renaissance Pleasure Faire and drew his sword in a fight with two drunken men. Investigation revealed that the witnesses did not witness any assault, but rather a brandishing of the weapon. At preliminary exam the charge was reduced to a misdemeanor and the client was granted probation with community service.
No jail. No felony 3 strike conviction.