To all our current and prospective clients: In light of the National Emergency, our office will still be operational from either our office or remotely depending on the status of events. Either way, we still answer all of our calls directly 24/7. The best way to get a hold of us would be through our office number (951) 686-4818 or email (kia@kialaw.com). Our day-to-day operations depend on the safety of our staff and the courts being open for business. Feel free to reach out to us to inquire about your case or discuss any new cases with Mr. Feyzjou at the number above. Stay safe and we remain hopeful that this too shall pass with everyone’s health and safety in mind.

Burglary and Perjury Charges (Felonies) Dismissed. Misdemeanor Sentence Imposed.

FACTS:

Client is charged with committing two felonies (Burglary and Perjury) while at the DMV. Through our investigation, we are able to demonstrate that the felony charges are inappropriate for the Defendant’s conduct. Our client was initially given a State Prison sentence to resolve this case. Ultimately, we continue to aggressively defend these charges and the felonies are dismissed. The client pleads to a misdemeanor violation of the law and is released from jail and is able to Christmas with his family.

RESULT:

Felony charges dismissed. Client pleads guilty to a misdemeanor. Client is released and avoids mandatory deportation and a felony.

VIEW PDF DISMISSAL OF FELONY CHARGES BY CLICKING HERE

Drug Case-Case Dismissed-Violation of Client’s Constitutional Rights

FACTS:

A suppression motion, commonly referred to as a PC 1538.5 motion is an opportunity a defense attorney can utilize to suppress certain evidence illegally obtained. In the instant case, Marco was arrested and charged with possession of a controlled substance for sale. We have attached the first transcript of the preliminary hearing which shows that the Judge listened to evidence and ruled that the evidence seized from our client was done in violation of our client’s Legal and Constitutional Rights. Accordingly, please see page 23 of the Transcript (People v. Marco – Dated November 25, 2008) and you will see that the Judge dismissed the charges against our client.  Please see the detailed cross-examination of Mr. Feyzjou which led to the charges being dismissed. We have attached the complete court reporter’s transcript of the court proceeding (please note that case numbers and the full legal name of the Defendant have been blocked out for privacy purposes).

RESULT:

Case dismissed.

VIEW PDF OF THE FIRST DISMISSAL HERE

 

Interestingly, the law permits the prosecution to re-file charges that were dismissed. In other words, the prosecution gets two bites at the apple. Therefore, the prosecution re-filed the case and re-alleged the same violations of law. However, our office re-filed the Suppression Motion arguing that the Defendant’s rights were still violated. The next hearing for the suppression motion was December 19, 2008. The prosecution put on their witnesses and evidence. Again, the prosecution lost. The entire transcript is attached herein for your review. All of the charges against our client was dismissed. This was the second bite at the apple and the Judge dismissed the case in its entirety and the client was able to go home. Please review the preliminary hearing transcript which is attached below here.  This case stands for the proposition that aggressive representation, detailed questioning of law enforcement coupled with experience can lead a court to be sufficiently persuaded to dismiss charges that were brought against a Defendant in violation of a Defendant’s constitutional rights. Don’t just plead gulity. Call KIA LAW FIRM to discuss your particular fact pattern. If your rights have been violated, you too can possibly have your charges dismissed. There is never a consultation fee to speak to a lawyer at KIA LAW FIRM. We are available 24/7.

VIEW PDF OF DISMISSAL OF ENTIRE CHARGES HERE

Sexual Battery Charges Case Dismissed Client Released

Charges: Client was arrested on the allegation that he engaged in violations of two felony counts of (1) Sexual Battery in violation of Penal Code 243.4(a), as well as (2) Penal Code 236, False Imprisonment. Upon initial interview, the client indicated that he was innocent and that the charges were falsely made. Through our investigation, we determined that the allegations were false. We presented the San Bernardino County District Attorney with evidence, declarations and other items of material nature to demonstrate that the so-called victim in this matter had brought charges against our client without any basis

VIEW PDF OF DISMISSAL OF CASE HERE

Case ————— Defendant, BRIAN 

Motion to Vacate Plea Granted. Client Was Able to Remain in this Country.

Charges: Client was charged with Domestic Violence, PC 273.5, a deportable offense according to the US Immigration Laws. We filed a Motion to Vacate the plea agreement on the grounds that the conviction was based on a violation of our client’s constitutional rights. Attached herein you will see the arguments that we raised. The prosecution was ultimately willing to “vacate” or “remove” the original charges of PC 273.5 (Domestic Violence Causing Traumatic Injury) and amend the charges to include a violation of PC 242 (Simple Battery).  These changes allowed the Defendant to adjust his immigration status to remain in this country.

Results: Charges Reduced to a Non-Deportable Conviction – Allowing Client to Become a US Citizen

VIEW PDF OF OFFICIAL COURT TRANSCRIPT HERE

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