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Recent Cases, Criminal Defense

Some recent cases

Case No. 1WA30001--drug possession charge dropped to infraction

Client charged with misdemeanor possession of drugs without prescription.  After a few negotiating sessions with different prosecutors, I was finally able to obtain a dismissal of the drug charge in exchange for a no contest plea to disturbing the peace as an infraction (PC 415).  Consequences: no fine and no probation.  Client avoided a drug conviction on his record and also avoided the requirement of a drug program with urine testing and 18 mo. diversion period. 

Client comment: "You are a Miracle Man!"

Case No. 1PY00358--Domestic Violence case dismissed before trial

Client charged with misdemeanor domestic violence on his girl friend.  We were able to show that the girlfriend had, previously, demonstrated a nasty temper.  We also proved that girlfriend smashed some of defendant's property on the day of the incident.  I filed a pretrial motion seeking to admit each an every incident of the girlfriend's acts of violence under Ev. Code sec. 1101(b).  On the day set for trial, the prosecutor agreed to dismiss the case.  Client's comment: "I just wanted to say thank you for all your hard work and dedication to my case.  You really did an amazing job in letting my voice be heard fairly in such a trying time in my life.  Without your help, I don't think the prosecutor and judge would see me for who I really am.  I really appreciate everything and your expert experience really shows.  Thank you again."

Case No. PA068406--"Three Strikes Case" dismissed (twice).  Client was charged with possession of methamphetamine while having two prior serious felony strikes.  Bail was set at one million dollars, a bail that client could not post.  The case arose from a traffic stop incident that I believed to be an unconstitutional search and seizure by the LAPD.  I filed a detailed motion setting forth why the court should throw out the seized drugs and dismiss the case. 

The case was dismissed after the DA failed to subpoena the officers. The DA then immediately refiled the case as is their right in a felony case.  I refiled my motion to suppress in the new case and the motion to suppress was eventually heard in court.  After receiving testimony from the officer and argument from the DA and from me, the court granted the motion to suppress evidence based on People v. Butler and other relevant authority.  The Three Strikes case that would have exposed client to 25 years to life in prison was DISMISSED (no refiling permitted since the case had been dismissed once previously).  My client walked out of jail a free man.  I'm his new best friend and his family wants me to come to dinner.  

Comments on this result from colleagues include:

--"Big congrats!   Does your client have any idea how fortunate he is?  One morning he wakes up facing a possible life in prison and he goes home a free man?  Well done."

--"Congratulations on your legal expertise, doggedness, determination, and full dedication to exercising your client's rights.  I hope he realizes he's one lucky guy.”

 

--"GREAT JOB!"

 

--"Congrats!" 

 

Case No. PA065673--

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Client was charged with 12 counts of real estate fraud with bail set at one million dollars. The evidence was strong with several witnesses who suffered financial losses. Defendant’s first attorney learned that the DAs office insisted on a state prison sentence and would not budge. Defendant then substituted me in as attorney. I researched the facts, law and devised a defense strategy resulting in a sentence of probation with credit for time served in jail. Avoiding state prison was a huge benefit for the client.
Client comment: “I’m so glad I changed attorneys.”
 
Case No. TA110104--        
Client, who had previously been to prison on a serious charge—a strike, was charged with felony possession for sale of cocaine. After reviewing the case with my client and witnesses and researching the law, I was able to negotiate a reduced charge to simple possession with community service and no jail time. Client was therefore able to avoid a substantial state prison commitment. 
Client comment: “I’ll gladly do the community service, Mr. Shultz.”
 
Case No. SA068120--             
Client was charged with the theft of over $100,000 in jewelry as well as felony vandalism charges. Following the preliminary hearing, and pending trial, I was able to negotiate pleas to misdemeanors, with community service and no jail time.
Client comment: “No felony? Wow.”
 
Case No. 0WA21698--            
Client arrested for hit and run and felony possession of narcotics. I contacted the prosecutor’s office and pointed out reasons why they should consider filing no charges. Eventually a single charge of driving without valid insurance was filed in court. I was able to negotiate dismissal on the arraignment date. 

Client comment: “A fantastic result.” 

 
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MICHAEL SHULTZ


SERVING CLIENTS IN SOUTHERN
CALIFORNIA COURTS FOR OVER 30 YEARS
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MICHAEL L. SHULTZ, ATTORNEY AT LAW

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STATE BAR SINCE DEC 1972
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