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Case Results

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Charge: Attempt to possess to sell marijuana
Case Number: SCR XXX900
Results: DISCHARGED at preliminary hearing by the judge
Details: Client was driving northbound from Southern California through Sonoma County when he was pulled over fro a traffic violation. The officer smelled marijuana and searched the car. He found approximately $80,000 in cash and a duffel bag with marijuana crumbs in it. In addition, he found what he believed were “pay and owe” sheets and a “marijuana shopping list.” The car’s GPS was set to a destination in Mendocino County. The officer believed the Client was on his way to purchase a large amount of marijuana and arrested him. Following testimony from the officer and a narcotics expert at the preliminary hearing, the judge ruled there was not enough evidence and discharged the client.


Charge: Felon in possession of firearms and a strike prior
Case Number: SCR XXX675
Results: All felonies and the strike prior DISMISSED. No contest plea to two misdemeanors for 60 days of home confinement, no jail.
Details: After Client’s wife called the police to accuse him of domestic violence (which he was never charged with), the police searched his house and business and found five firearms. Client had been previously court martialed in the military for an offense similar to attempted murder. The DA used that previous court martial to allege a strike prior. The effect of a strike prior is that any new felony conviction results in mandatory state prison at double the term. Client was facing 11 years, 4 months in state prison as charged. After over a year of litigation and negotiation, Client pled no contest to two misdemeanors and completed 60 days on an ankle bracelet, allowing him to avoid jail and continue working.


Charge: Conspiracy, cultivation of marijuana, and possession with the intent to sell
Case Number: SCR XXX371
Results: Case DISMISSED. Court ordered return of over $90,000 cash, a Cadillac SUV, and 18 firearms.
Details: After being tipped off, law enforcement searched three different properties owned by Client where her tenants had large marijuana grows. Hundreds of plants and several pounds were seized. Law enforcement froze her accounts, seized a retirement account, and confiscated several thousand dollars in cash and 18 firearms from her home. After a year and a half of court appearances and days into a preliminary hearing, the prosecution agreed to dismiss all charges against Client.


Charge: Transportation of marijuana and conspiracy to possess marijuana for sale
Case Number: SCR XXX362
Results: All felony and drug charges DISMISSED. Client pled no contest to driving without a license.
Details: Client, a resident of Washington, was driving a van with his two co-defendants when he was pulled over for a traffic violation. Police searched the van and found two pounds of marijuana, $54,000 in cash, and seven cell phones. Text messages in Client’s cell phone were indicative of sales, according to the police. On the day of the preliminary hearing, the prosecution agreed to drop all felony and drug charges against client in exchange for a plea to driving without a license. Client paid a fine of $220 and went back to Washington.


Charge: Possession of psilocybin mushrooms
Case No.: SCR XXX819
Result: Motion to suppress GRANTED. Case DISMISSED.
Details: Client was standing by his car smoking a cigarette when police responded to a report of a suspicious vehicle and person. The officer began asking client if he had anything illegal in his car. Client responded that he did not and gave the officer permission to search his car. After searching in the trunk, the officer discovered psilocybin mushrooms and arrested client. We filed a motion to suppress stating that client was illegally detained and searched. The court granted the motion and the prosecution was forced to dismiss the case.


Charge: Possession of psilocybin mushrooms
Case No.: SCR XXX819
Result: Motion to suppress GRANTED. Case DISMISSED.
Details: Client was standing by his car smoking a cigarette when police responded to a report of a suspicious vehicle and person. The officer began asking client if he had anything illegal in his car. Client responded that he did not and gave the officer permission to search his car. After searching in the trunk, the officer discovered psilocybin mushrooms and arrested client. We filed a motion to suppress stating that client was illegally detained and searched. The court granted the motion and the prosecution was forced to dismiss the case.


Charge: Carrying a loaded firearm in a vehicle, carrying a concealed firearm, speeding
Case No.: SCR XXX653
Result: All firearms charges DISMISSED. Traffic school for the speeding ticket.
Details: Client was stopped for speeding while coming back from a camping trip. When the officer approached his vehicle, he noticed a handgun lying in plain view on the passenger seat. There was ammunition in the glove box close by. We were able to convince the prosecutor that having ammunition nearby does not mean the firearm is loaded (which is what the officer wrote in his report) and that the gun was not legally concealed.


Charge: DUI, child endangerment, and resisting arrest
Case No.: SCR XXX492
Result: DUI and child endangerment charges DISMISSED, client pled no contest to delaying an officer for community service and three parenting classes.
Details: Client was pulled over for an equipment violation. The officer smelled a strong odor of marijuana in the van and though client looked high. Client’s partner and four young children were also in the van. Client became agitated with the officer and a struggle ensued. If convicted of the DUI, client could have lost her license, paid hefty fines, and been ordered to attend a DUI school. A conviction for the child endangerment charge would have meant four years of formal probation with a year of weekly parenting classes. We settled the case for the least serious charge and no jail time.


Charge: Felony possession of a controlled substance and possession of marijuana
Case No.: CR XXX329
Result: Case DISMISSED
Details: Client was stopped for a traffic violation. The officer smelled the odor of marijuana from inside the car. After searching the car, the officer found a bag containing marijuana and hydrocodone (vicodin). The DA filed felony drug charges. The client was a substitute teacher hoping to earn a full time credential, so a full dismissal was imperative. After gathering and sharing his medical history with the district attorney, they agreed to dismiss the entire case against the client.


Charge: Possession of more than 28.5 grams of marijuana.
Case No.: SCR XXX366
Result: Case DISMISSED. Motion to Return Property GRANTED. Court orders police to return marijuana.
Details: Client was pulled over by police. During the traffic stop, the police smelled marijuana in the car and searched it. After finding over one pound of marijuana in the car, client was charged with unlawful possession. Despite the fact that client did not have a valid medical marijuana card at the time of the stop, we were able to convince the District Attorney that his previous and current medical recommendations should be honored. The District Attorney dismissed the case. We filed a Motion to Return Property which was granted. The judge ordered the police department to return all of the seized marijuana to the client.


Charge: Rape of an unconscious person.
Case No.: SCR XXX948
Result: NOT GUILTY of all charges at jury trial.
Details: Client was accused of raping a long time friend of his in her sleep. The victim testified that she had not given the client permission to have sex with her and woke up to his forcing himself on her. Client was here from another country on a work visa and faced not only lengthy incarceration if convicted, but also loss of his occupational license and deportation. Acquittal allowed him to keep his job and remain in the country legally.


Charge: Felony child abuse with injury.
Case No.: SCR XXX285
Result: NOT GUILTY of all charges at jury trial.
Details: Client was accused of burning her six year old daughter with a cigarette, leaving two conspicuous marks on the child’s back. The accusation came during a custody dispute between client and her ex-boyfriend’s family. A restraining order prevented client from seeing both of her children until she was fully acquitted at jury trial.


Charge: Felony criminal threats, felony false imprisonment, with a deadly weapon use enhancement and misdemeanor brandishing of a weapon.
Case No.: SCR XXX838
Result: NOT GUILTY of all charges at jury trial
Details: Client was a 49 year old man who had never been convicted of any felony. His girlfriend accused him of holding her down and putting a knife to her throat while threatening to kill her during an argument. The client was found acquitted of all charges and released from jail that night.


Charge: Felony child endangerment.
Case No.: SCR XXX132
Result: NOT GUILTY of felony child endangerment, convicted of a lesser included misdemeanor.
Details: Client was accused of driving with a blood alcohol level of .23%, speeding, and passing cars unsafely on a highway while having her infant daughter in the car. The felony child endangerment charge carried a maximum of six years in state prison and four years of formal supervised probation if not sent to state prison. The jury acquitted client of the felony child endangerment and convicted her of a lesser included misdemeanor. Client was sentenced to informal court probation and only 20 days in county jail.


Charge: Felony assault with force likely to produce great bodily injury.
Case No.: SCR XXX823
Result: NOT GUILTY of felony assault, convicted of a lesser included misdemeanor.
Details: Client faced four years in state prison on the felony assault charge. The victim alleged that the client sucker punched him, causing victim to fall to the ground and sustain major bruising and lacerations. The jury acquitted client of the felony charge and convicted him of a misdemeanor battery. Client was sentenced to informal court probation, counseling, and no jail.


Charge: Two felony counts of assault on a police officer, an enhancement for causing great bodily injury, threatening a police officer, and attempting to take a police officer’s gun.
Case No.: SCR XXX487
Result: Hung jury 11-1 for acquittal of all charges. The next day the prosecution offered a misdemeanor plea for credit for time served and no probation. The client was released from jail and went home that day.
Details: Client suffered from mental health issues and was recently released from a hospital. Client’s mom had concerns that client was still not well and possibly required an adjustment in his medications. She called law enforcement to come to her home and check on her son for a possible return to the mental hospital. When officers arrived, client was sitting in a chair on his front lawn looking dazed. Officers attempted to speak to client, but he just gazed off in the distance. When the officers got closer, they assert that client stood up and took a fighting stance. When they officers tried to detain client, they claimed he fought them. One officer hit client over the head several times with a flashlight, causing cuts that required multiple staples on client’s head. During the altercation, one officer broke his thumb and asserted that client had tried to take his weapon from his holster. Client was ultimately detained and arrested. The defense hired a police tactics expert who testified to the jury that the officers involved used excessive force in this situation. On the charges at trial, client faced over 8 years in state prison. After coming so close to an acquittal at trial, client agreed to a misdemeanor plea to go home to his family.


Charge: Assault with a deadly weapon causing great bodily injury.
Case No.: SCR XX519
Result: NOT GUILTY of all charges at jury trial.
Details: Client was accused of beating another man with a metal pole during an argument. The charges constituted a violent felony (“strike”) and client faced seven years in state prison if convicted. Client testified on his behalf and asserted a self defense claim. After the jury acquitted client of all charges, he was released from jail.


Charge: Possession of methamphetamine for sale.
Case No.: SCR XX508
Result: NOT GUILTY of possession for sale. Convicted of a lesser included offense of simple possession.
Details: Client was found in possession of 12 individually packaged bags of methamphetamine, a large amount of cash, a scale, and cell phones. The possession with intent to sell charge carries up to four years in state prison. The jury found client not guilty of possession for sales and convicted her of simple possession. She was sentenced to no jail and outpatient drug treatment.


Charge: Domestic violence
Case No.: MCR XXX022
Result: NOT GUILTY
Details: Client was accused of a battery against an ex-girlfriend at her house during an argument. At jury trial, he was acquitted after only 10 minutes of deliberations.


Charge: Assault on mall security and trespassing.
Case No.: MCR XXX977
Result: NOT GUILTY of all charges.
Details: Client was at a local mall and allegedly under the influence of alcohol. Mall security asked him to leave and initially he did not. Just outside the mall, a scuffle started and mall security accused client of assaulting him. The jury acquitted client of all charges.


Charge: DUI while a child under 14 was in the car and refusing to take a breath test.
Case No.: TCR XXX060
Result: NOT GUILTY on all charges after a retrial of a hung jury.
Details: Client crashed her car into a roadside ditch on a country road. When law enforcement finally arrived, client appeared intoxicated and had her young daughter in the car with her. Client asserted that after the crash she drank from a bottle in her car to calm her nerves. The first jury trial was declared a mistrial following a hung jury. At the second jury trial, client was acquitted of all charges.


Charge: Possession of drug paraphernalia.
Case No.: MCR XXX201
Result: NOT GUILTY
Details: During a traffic stop, law enforcement found a reason to search client’s vehicle. During the search, officers found two methamphetamine pipes inside a bag in the client’s vehicle. Client said he was not aware they were in there. The jury acquitted client after 15 minutes of deliberation.


Charge: Domestic violence
Case No.: MCR XXX501
Result: NOT GUILTY
Details: Client was accused of committing a battery on her boyfriend outside of a retail store. The boyfriend came to court to testify that she battered him. The jury acquitted.


Results prior to jury trial Charge: Home invasion robbery and assault with a deadly weapon causing great bodily injury.
Case No.: SCR XXX311
Result: DISMISSED
Details: Client was accused, along with two other men, of breaking into victim’s house in the middle of the night and robbing them at gunpoint. Victim claimed that he recognized client’s voice. All charges were dismissed prior to trial and client was released from custody.


Charge: Attempted murder with a gang enhancement.
Case No.: SCR XXX667
Result: DISMISSED
Details: Client and two other young men were accused of stabbing a man outside of a market and yelling gang slogans. The prosecution charged that the crime was committed at the direction of or to benefit a street gang. After a three day preliminary hearing, the judge found there was not sufficient evidence to proceed and dismissed all charges. The client was released from custody that day.


Charge: Transportation and possession of methamphetamine for sale with prior convictions for drug sales.
Case No.: SCR XXX153
Result: DISMISSED
Details: Client was in a car being driven by his girlfriend when she pulled over to allow law enforcement to pass her. Law enforcement instead pulled behind her car and two officers approached the car on either side. The officers immediately began interrogating client and learned he was on parole. Officers removed him from the car, searched it, and found a large amount of methamphetamine. The client had previous convictions for drug sales and prison priors which exposed him to 15 years in state prison if convicted. We filed a motion to suppress the evidence because it was obtained by way of an illegal and unconstitutional search. The court granted our motion and the entire case was dismissed.


Charge: First degree murder, robbery, residential burglary, and arson.
Case No.: SCR XXX235
Result: Murder, robbery, and residential burglary charges DISMISSED. Client admitted to an arson and being an accessory after the fact.
Details: Client and his co-defendant both faced life in prison without the possibility of parole. Client drove the co-defendant to the victim’s house where he robbed her and shot her to death. Client helped the co-defendant set fire to the house and then disposed of clothes and a weapon. After lengthy settlement negotiations, the prosecution agreed to a sentence of only 8 years for his role in the crime.


Charge: Transportation and possession of crack cocaine for sale.
Case No.: SCR XXX923 and SCR XXX069
Result: Probation and drug treatment.
Details: Client was charged with transportation and possession of crack cocaine for sale. Due to his prior convictions for similar offenses he was exposed to 15 years in state prison on that case. While out on bail and pending trial in that case, the client was arrested for robbery and assault causing great bodily injury. He then faced 21 years in state prison. A successful argument was made to the court that the client should be given a chance at drug treatment and probation with a suspended sentence.


Charge: Kidnapping and robbery with a firearm enhancement.
Case No.: SCR XXX810
Result: DISMISSED
Details: Client charged with kidnapping and robbery with a gun enhancement and a prison prior and faced 20 years in state prison if convicted. Half way through the preliminary hearing, after cross examination of the alleged victim, the prosecutor dismissed all charges against the client.


Charge: Possession of methamphetamine for sale and transportation of methamphetamine.
Case No.: SCR XXX390
Result: DISMISSED
Details: Client charged with possession of methamphetamine for sale and transportation of methamphetamine. After a police officer saw client looking at what he believed was a methamphetamine pipe in a gas station market, he followed client’s car to another address. When client and her friend remained in the car for some time, the officer approached the car and ultimately searched it and found a large amount of methamphetamine. After a two day preliminary hearing and motion to suppress evidence, the judge granted the suppression motion because the client was illegally detained by the police. Subsequently, the prosecutor was forced to dismiss all charges against the client.


Charge: Sales of methamphetamine and possession of methamphetamine for sale.
Case No.: SCR XXX737
Result: DISMISSED
Details: Client charged with sales of methamphetamine and possession of methamphetamine for sale. We filed a motion to suppress evidence because the client was detained based on a tip from an unreliable informant. The judge granted our motion and threw out all of the evidence, forcing the prosecutor to dismiss all charges.


Charge: Possession of methamphetamine for sale, transportation of methamphetamine, and being under the influence of a controlled substance.
Case No.: SCR XXX369
Result: Felony charges DISMISSED, misdemeanor charge diverted.
Details: Client charged with possession of methamphetamine for sale, transportation of methamphetamine, and being under the influence of a controlled substance. After the preliminary hearing, the judge threw out the felony charges of possession for sales and transportation and held him to answer only on a misdemeanor charge of being under the influence. The client was referred to a diversion program and will have his case dismissed when he finishes the program.

Law Office of Amy Chapman

Santa Rosa Criminal Defense Lawyer

703 2nd Street

Suite 407

Santa Rosa, CA 95404

Phone: (707) 636-3207

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