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Felony Results

Felony Possession of Assault Weapons: Client, a Firefighter/Paramedic/Arson Investigator, was arrested after police responded to the report of a disturbance at his home. Although there was no actual criminal disturbance, and having nothing to hide, Client openly consented to a search of the home by police. When officers discovered a locked gun safe, they asked for the safe to be opened. Again, having nothing to hide, Client opened the locked safe. Inside the safe was a wealth of firearms; hunting rifles, handguns, newer models and antiques. Client explained that all of the guns, except for a hunting rifle, a shotgun, and his service weapons, were handed down to him when his grandfather had passed away. In fact, he had never even fired the other weapons; he only ever handled them to the extent necessary to place them in the locked safe. Unfortunately, unbeknownst to Client, two of the weapons met the criteria for assault weapons in California, so the police arrested him and he was charged with two felony counts. Again, after lengthy investigation, loads of research, and negotiations with a very reasonable DA, the case resolved. One misdemeanor count.No jail. He kept his job, his status as a peace officer, and all but those two guns.

Felony Lewd Act with a Minor: Client was charged after his estranged stepdaughter alleged that he had touched her inappropriately. Our investigation confirmed that the stepdaughter was angry and displaced after Client married her mom; believed that he ruined her family and she would be happier with him gone. The investigation also found significant issues with timeline, credibility, and consistency of the stepdaughter’s story. After lengthy negotiations with a very talented and reasonable DA, and considering Client not wanting to put the family through a difficult and humiliating (for the stepdaughter) trial, he ultimately accepted pleading to a single count of misdemeanor disturbing the peace.

**It should be noted that the result in the previous case is very unusual and came about because of a very specific set of circumstances.

Felony Possession of Controlled Substance: Client – with no criminal history whatsoever – was driving home from work when he was stopped by Los Angeles County Sheriff’s deputies because his tires spun-out while making a right turn through a rain-soaked intersection. He was almost immediately exited from the vehicle and detained without cause. The warrantless search of the vehicle yielded an over-the-counter pain reliever bottle in which Client had stored his prescription pain medication. When the deputies confronted him with the pain pills, client calmly and truthfully explained that they were his, he had a valid prescription for them. Sure that he was a liar, the deputies arrested him and booked him on felony charges for which client posted the high felony bail and subsequently retained this firm. Within 24-hours of client retaining this firm, we had a copy of the prescription delivered to the office of the District Attorney. Upon meeting with the DA in court, explaining the egregious behavior of the deputies, and reaffirming the validity of the prescription, the charges were dropped entirely and the case dismissed before arraignment.

Felony Possession of Stolen Property: Client was arrested and accused of multiple offenses, including possession of stolen property, domestic violence, computer hacking, theft, assault, and possession of a weapon on school property. The police report was thick and loaded with speculation and statements from individuals who did not actually witness anything. After careful review and defense investigation, client was in possession of property that had been reported stolen; though there was only circumstantial evidence that client knew or should have known that fact. None of the other allegations could be substantiated and were summarily dropped. To avoid a lengthy trial, client agreed to probation and an opportunity to earn a dismissal. No Jail.

Felony Possession of a Controlled Substance & Grand Theft: Client, a Paramedic, developed an addiction to prescription pain medication after two orthopedic surgeries from an off-the-job injury. After returning to duty, client responded to a call at a home where the patient had several bottles of prescription pain medication. Client secreted away several of the pills. However, although nobody had seen the act, after the ambulance had taken the patient, client realized that it was time to seek help for the problem because stealing from a patient’s home was inexcusable and contrary to the past 20+ years of exemplary service. Client immediately, without external provocation - and still on the scene – confessed the taking to the company officer and requested substance abuse help. The company officer responded to the client’s courageous act by reporting it to the police, to whom client reiterated the confession. Client was forced to resign and forced to surrender the paramedic license client had held for over 20 years. Client was charged with two felonies and faced a significant state prison sentence. After hours and hours of reviewing evidence and researching options with no cooperation from the prosecutors in the court, I met with the head deputy prosecutor and discussed the case in great detail. I was able to show the prosecutor the human side of this case and worked with him to reach an appropriate solution. In the end, the theft charge was dismissed, the felony was amended to a misdemeanor, and the client was permitted to participate in a deferred entry of judgement drug program. Upon successful completion of the program and informal probation, the entire case will be dismissed.

Felony Cocaine Possession: Client was searched after a traffic stop and was found to be in possession of slightly less than a gram of powder cocaine just three weeks prior to a planned move out of state. After my own careful review of the evidence and comprehensive presentation of the client’s non-existent criminal record to both the prosecutor and judge in chambers, the cocaine felony was amended to a non-specific possession misdemeanor and the client was free to move and complete informal probation on the East Coast. No felony. No jail.

Felony Possession of a Controlled Substance (Meth) and Possession of a Homemade Explosive Device: The client, just 25 years old, has an extensive criminal history, including a prison sentence for vandalism. He was stopped, with his girlfriend who was also on probation, by police while walking to a nearby market. The officers directed the couple back to their nearby residence and conducted a probation search of the home. Inside the home, they found crystal methamphetamine along with paraphernalia. In addition, the police also found a device that client had allegedly assembled using an old medication bottle and powder from a variety of fireworks. The device was tightly wrapped and had a fuse. The prosecution was initially seeking a significant, multi-year state prison sentence. After considerable negotiation with both the prosecutor and the judge, as well as a careful look into the client’s medical and addiction history, we reached a settlement. Client will be home on probation after serving just 18 months in the county jail.

Felony Domestic Violence: Client, a Paramedic in Southern California, found himself in a heated argument with his wife. The exchange, just one of many sparked by economic difficulties, led to yelling and, ultimately, both spouses removing themselves from the situation. Nevertheless, before separating themselves to cool off, both had called police claiming the other had assaulted them. When police arrived, client’s wife – who had scratched her own arms out of frustration – claimed the scratches were caused by client. He was arrested and booked on suspicion of felony spousal battery. Attorney Givot met with client prior to the arraignment and noted right away that client’s fingernails had been so frequently bitten for so long, that the finger tips had literally begun to grow over the nails – thus making it impossible for client to have scratched anyone. On the day of the arraignment, Attorney Givot went to both the District Attorney and the arresting Police agency to discuss the matter BEFORE any formal charges were filed. After a harried morning of running around, no criminal charges were filed.

Felony Possession of Heroin: Client suffered a loss of consciousness while in public. Paramedics discovered a small quantity of Heroin in his pocket. At the Emergency Room, client was arrested and upon his release from the hospital he was booked for felony possession. Client was formally charged by the District Attorney and faced two years in State Prison. After careful negotiation and close work with the prosecutor, client will complete a drug treatment program and a short period of probation. When probation is complete, criminal case will be dismissed.

DUI Manslaughter: Client, just 24-years-old, was out for the evening with his 26-year-old female companion. After dinner, a few drinks, and lots of laughs, the two headed toward home in client’s high-performance sports car. Although there was no evidence of reckless driving or excessive speed for the conditions, the vehicle lost control on a windy road with an uneven grade. Tragically, the car struck a tree on the passenger side and the companion was killed instantly. Client was charged with multiple felony counts and faced nearly a decade in state prison. The legal team, which included Mr. Givot and Attorney David Borsari and Attorney Veronica Guzman, worked tirelessly reviewing evidence, law, custody credits, and specific mitigating factors. The team worked with the client’s family as well as prosecutors to achieve the best possible result in a case where there could be no winner. Ultimately, the case resolved without the trauma of a trial and the client is expected to be home after serving approximately 364 days.

Felony Possession of Ecstasy for Sale: Client is an 18-year-old with no criminal record, but a history of drug addiction and abuse. Client was arrested with over 100 tabs of Ecstasy and charged with felony possession for sale, transportation for sale, and numerous other felony charges. Not only was the evidence overwhelming, the Client admitted having just come from a Rave and both knowledge & possession of the drugs. Client faced several years in state prison. After difficult, though effective, negotiation with the Deputy District Attorney in Charge of the Courthouse, my Client was allowed to serve a 120 day jail sentence in a residential rehab center to be followed by probation. NO STATE PRISON!

Felony Possession/Transportation of Ecstasy: Client and passenger were stopped by police for a broken tail light. The officer smelled the odor of marijuana coming from the car and exited the driver, my client, from the vehicle. As the officer was dealing with my client, the passenger, who had a large quantity of ecstasy pills in his backpack, stashed those pills behind the seat of my client’s car. With nothing to hide and no knowledge of the pills, my client consented to a search of the car by police and the ecstasy was discovered. The passenger told police that he knew nothing of the pills. My client was arrested and released. Nearly a year later, my client received a notice in the mail saying that he was facing multiple felony charges. I performed a thorough investigation, I discovered that six weeks after the initial traffic stop, the passenger was arrested for selling the identical pills to an undercover officer at a rave in another county. After persistent negotiation, along with subpoenaed police records from the other county and a lot of legwork, all of the felony charges were dismissed. Now, after the client jumps a few more hoops, the entire case will be dismissed and the arrest record destroyed.

Attempted Murder: Client, on felony probation for burglary, was arrested & accused of shooting into an occupied dwelling and held without bail. We swiftly employed the services of a private investigator to speak with witnesses. The private investigator quickly procured a video-recorded sworn statement from the witness/victim who confirmed that my client was not involved. When that fact was brought to the attention of law enforcement, they responded by filing a probation violation “in lieu of” attempted murder prosecution in an effort to avoid a trial by jury and the “beyond a reasonable doubt” standard. After additional negotiation and examination of evidence, my client was sentenced to 180 days in local jail for possessing ammunition in violation of his felony probation. He will be home in less than 3 months.

Third Strike Felony Providing Marijuana to a Minor: Client, just 25 days away from completing parole and in possession of a valid California Medical Marijuana Card, was arrested after an individual standing near him and among a group of others, was seen by police smoking marijuana from a pipe in public. The individual was 16-year-old. My client was arrested after the frightened teen told police that my client had provided it through is California card, despite witness statements to the contrary. Because of his two prior strikes, the District Attorney sought 25-years to life in prison for my client. After extensive & thorough private investigation and securing the cooperation & support of his parole officer, I was able to negotiate a settlement directly with the Judge, bypassing the DA altogether, and my client was home in approximately 13 months.

Felony Possession of Controlled Substance & Deadly Weapon: Client was arrested during a raid on the home in which he was renting a room. Although the client was neither named in the warrant nor believed to be involved in any illegal activity, he was taken into custody and his rented room searched. During the search, law enforcement discovered and the client was arrested for possession of a small amount of marijuana and several pills, later identified as Hydrocodone and Phenobarbital along with a rifle, a handgun, and a Billy club. Case dismissed.

Felony Assault with a Deadly Weapon: Client was arrested and booked on suspicion of Assault with a Deadly Weapon after a fight in which his opponent was sent to the hospital by ambulance with serious injuries, including a severed temporal artery. Within hours of receiving the call, I had met with the client in custody, investigated the scene of the incident, and reviewed the surveillance video – before the Police had reviewed it. I concluded from the evidence I had gathered, that the opponent was the aggressor and that my client had a clear case of self defense. I met with the head DA, before the Police even submitted the file, and the case was summarily rejected when it arrived. Case dismissed before it was filed.

Felony Commercial Burglary: Client, a sworn peace officer, was arrested and booked on suspicion of Commercial Burglary when it was discovered that, without her knowledge, her shopping companion – now former friend – had shoplifted merchandise from a Beverly Hills department store. Within hours of receiving the call, I had been to the store, met with the lead detective, and reviewed the surveillance video that showed no criminal conduct by my client. The following morning, I met with the charging DA and the case against my client was rejected, although her companion was arraigned. No charges filed against my client.

Felony Drug Possession: Client was charged with felony transportation & possession of marijuana for sale. No State Prison, No Jail. Probation for 18 months after which the charge can be reduced to a misdemeanor and then expunged.

Felony Cocaine Possession: Client was charged with possession of cocaine in a vehicle. All charges dropped, case dismissed.

Felony Drug Possession with a Gun Enhancement: Client was charged with felony possession of meth while also in possession of a loaded handgun. No Jail, No State Prison. Only unsupervised probation and diversion classes.

Felony Identity Theft: Client was charged with multiple felony counts when it was discovered that he had used the identity of another when he was arrested and convicted for DUI. Maximum exposure was 19 years in state prison. No State Prison. Only 180 days recommended work furlough and probation.

Misdemeanor Results

Misdemeanor Theft & Possession of Counterfeit Money (PC §476 and §484(a)): Client accepted an invitation to happy hour at a local establishment. When he arrived, his long-time friend and others were already there enjoying the atmosphere. There was a large sum of cash on the table; client’s friend explained that it was the holidays and the celebration was on him. Eventually, the establishment staff determined that the bills appeared to be counterfeit and confronted my client, who had passed some of the bills for drinks, etc. – unaware that anything was or may have been unusual about the currency. My client had no reason to believe that the bills were not genuine and he continued to enjoy the happy hour. Some time later, police arrived and arrested my client and his friend. While the friend admitted to purchasing and bringing the bills into the club, my client maintained his innocence throughout. On the day of trial, the prosecutor threatened to enhance the charges from misdemeanor to felony; my client – and I – maintained his innocence and did not give in to the threats. Before the trial started, Criminal Case Dismissed.

Misdemeanor DUI (VC §23152): Client was stopped at a DUI checkpoint after a dinner and a night out with friends. When asked by police, he admitted to a single drink several hours earlier. He was directed to a secondary investigation area where the optional so-called “field sobriety tests” were administered. The officer noted slurred speech, bloodshot watery eyes, difficulty maintaining balance, and horizontal gaze nystagmus. He was sent to another area where a chemical alcohol test was administered. His license was taken and he was issued a temporary license pending a suspension in 30 days. He was arrested and booked for DUI. Upon my investigation, I learned that the results of the chemical blood alcohol tests showed a BAC significantly lower than 0.08%. I immediately contacted the DMV as well as the prosecuting agency and “explained” to them why the matter should be summarily dropped and all charges dismissed. DMV Case Dismissed. Criminal Case Dismissed.

**Just like you, I am curious how the officer saw such dramatic signs of intoxication on someone with a BAC significantly below the legal limit.

Misdemeanor Minor in Possession of Alcohol (B&P Code §25662(a)) & Resisting Arrest (PC §148(a)(1)): Client, under 21 years old, was allegedly seen standing in front of a liquor store drinking from a bottle covered by a paper sack in a questionable part of town. Two individuals in plain clothes began to move aggressively toward him and, fearing for his own safety, he ran. When one of them ultimately identified himself as a police officer, Client dropped the sack, stopped, and submitted immediately. He was charged in Superior Court with to criminal counts. After a careful review of the evidence and lengthy discussions with the prosecutor, the matter was resolved and the Case was Dismissed.

Misdemeanor Domestic Violence: Client, a Paramedic, was arrested after neighbors allegedly heard a disturbance coming from the home.  The police report said that there was an argument and that alcohol was involved. After an extensive investigation, character references, counseling, and discussion with a very reasonable DA, Criminal Case Dismissed.

Misdemeanor Domestic Violence: Client, a computer engineer, was arrested after his wife called police and claimed he tried to strangle her. Upon receipt of the discovery, the stories of those involved did not make sense. After an extensive investigation, we discovered that the accusing spouse suffers from an undiagnosed psychiatric condition and she was not truthful with the police. The information was presented to the district attorney who, upon further review, dropped the charges. Case Dismissed.

Misdemeanor False Vehicle Registration: Client was accused of displaying forged or fraudulent registration decals on her license plates for over three years. After investigation and presentation of current valid vehicle registration, all criminal charges dropped.  Criminal Case Dismissed.

Misdemeanor DUI with Traffic Accident: Client was arrested and accused of driving under the influence after his vehicle collided with a slow-moving box truck on the freeway. Subsequent testing showed that client’s blood-alcohol level was above the legal limit at the time of testing. However, comprehensive review of the facts and analysis of the law revealed inconsistencies in the way law enforcement handled the investigation and critical weaknesses in the prosecution’s case. After careful and cooperative negotiations between defense counsel and the District Attorney, the DUI charge was reduced to a “wet reckless.” As a result: No DUI, No Jail, No Interlock Device, and No Suspension.

Misdemeanor Domestic Battery & Criminal Threats: Client, a registered nurse, was arrested after allegedly striking his wife and threatening to kill her with a knife. After my own investigation, separate from the police, I was able to show the prosecutor that, while there may have been an unwanted physical contact, there was not threat to the wife involving a knife. The client accepted responsibility for the alleged battery and received probation. The criminal treats charge was dismissed.

Misdemeanor Theft (Shoplifting): Client was arrested after allegedly concealing $70 worth of merchandise and attempting to exit a warehouse store. After discussing the issues at hand with the prosecutor and painting a picture of certain mitigating circumstances, there was a small fine and the criminal case was dismissed.

Misdemeanor Drunk in Public: Client was assisting a heavily-intoxicated friend from a bar. The friend could barely stand, so client was supporting her to another friend’s vehicle so she could go home and sleep it off. Rather than assisting the inebriated female, police arrested the Good Samaritan – despite the absence of any objective signs of intoxication; despite the fact that the client was neither a danger to himself nor others. Because the client had a prior DUI, the District Attorney sought to prosecute to the fullest extent of the law. Attorney Givot called their bluff and, rather than entertaining any of the misdemeanor offers extended by the DA, he set the matter for trial. When it was clear that the Defense was ready to fight and win, the criminal case was dismissed.

Misdemeanor DUI (under 21-years-old) and Possession of Alcohol by a Minor: Client was stopped by police for allegedly speeding. Police discovered an unopened beer in the center console and accused client of driving while intoxicated. Client was arrested and charged, despite the fact that the police did not perform any chemical blood/alcohol test. After exposing and discussing the inherent weaknesses of the prosecution’s case, client paid a small fine for the beer and the criminal case was dismissed.

Misdemeanor Obstructing/Interfering with Police Officer: Client, an off-duty paramedic, was out for an evening in Newport Beach with her husband and brother-in-law. The brother-in-law was involved in an altercation inside a bar and the police were called. The brother-in-law and husband were detained by police for questioning while my client waited patiently several feet away. Sometime later, an additional officer arrived and directed my client to move along. She explained that she was with her husband and they were far from their home, but the officer did not care and told her to leave the area. She again explained that she had nowhere to go and no way to get there without her husband. The officer became aggressive and abusive telling to leave lest she be arrested. When she asked him where she was supposed to go, he arrested her and took her to jail. I took the case and worked closely on a resolution with the DA. I collected and presented evidence of my client’s character, professionalism, and ongoing career-oriented education to show that this was most likely a case of a police officer abusing his authority. We jumped through a few hoops, however at the end, the case was completely dismissed.

Misdemeanor Theft: Client was seen on security video concealing DVDs in his pants and exiting the store. He admitted to both store security and Police that he had stolen the DVDs. His record showed similar conduct in his passed. He was arraigned and charged with the misdemeanor. After negotiation with the District Attorney, the complaint was amended to include petty theft as a civil infraction and the misdemeanor was dismissed. No Jail. No Probation. No Criminal Conviction.

Misdemeanor Driving with Suspended License: Client was cited and charged with three criminal counts when he was discovered driving after his license had been suspended because of a recent DUI. NO Jail! After considerable negotiation with the City Attorney, two of the three charges were dismissed and the client was sentenced to unsupervised probation.

Multiple Misdemeanor Counts: Client was charged with drug possession, receiving stolen property, false vehicle registration, and driving on a suspended license…ALL IN ONE TRAFFIC STOP! Client received only 4 days in private jail followed by probation.

Misdemeanor Possession of Meth: Client was charged with possession of meth in a vehicle. No Jail. Probation and diversion only.

Misdemeanor Shoplifting: Client was charged with shoplifting numerous items. No Jail. Charge was reduced to an infraction with the minimum community service and a small fine.

Misdemeanor Domestic Violence: Client was charged after SHE allegedly broke HIS nose. Donation to a victim’s fund. Case dismissed.

Warrant Recall: Bench warrant was issued to my client for violation of DUI probation. The warrant was recalled and the probation was reinstated in one Court appearance.

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