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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.

Not Guilty Verdict on 11/13/12 (Resisting Arrest Trial)

CLICK HERE TO SEE NOT GUILTY VERDICT

When I first met my client, he indicated to me that he didn’t think he should have been arrested for his conduct. On day one, when we heard his story, we believed in his innocence.

On September 27, 2012, we appeared in court and pled “not guilty” and set the matter for trial. Our last day to start trial was November 13, 2012. This was a case where we gave no “time-waivers” on the case. Essentially, this means that we put the pressure on the District Attorney to be prepared for trial within 45 days of our initial arraignment date of September 27, 2012.

On October 18, 2012, I appeared in court and confirmed our trial date of November 5, 2012.

On November 7, 2012, we started trial in this case.

As you can see from the attached Case Report, we presented evidence on behalf of the client, cross-examined the police officer and provided a reasonable explanation as far as our client’s conduct was concerned.

From the beginning, we always felt that the Police Officer was aggressive, unreasonable and failed to perform his duties to that of a reasonable police officer in the same or similar circumstances.

The jury agreed with our assessment.

On November 13, 2012, the Jury returned a verdict of NOT GUILTY on the alleged violation of Penal Code 148.

You see, just because an Officer arrests you doesn’t mean you’re guilty. Just because the District Attorney charges you with a crime doesn’t mean you’re guilty. Guilt is determined by the trier of fact – that is 12 people in your community.

If you have any questions regarding your legal matter, feel free to contact our office for an evaluation.

Motion to Vacate 1992 Felony Plea Granted Case Dismissed

This case is from about 2 years ago, however, we realized that there are many people out there with very similar situations as our client, Francisco. As you will note, we never disclose case numbers or the last names of our clients to comply with privacy requirements. However, we can advise you that our client FRANCISCO was facing deportation for a plea of guilty to a very serious felony charge from many years ago (about 19 years ago).

In any event, our office reviewed the old prior felony conviction and based on our investigation, we determined that our client would be able to file a MOTION TO VACATE THE FELONY CONVICTION.

CLICK HERE TO VIEW OUR MOTION TO VACATE THE PRIOR FELONY CONVICTION

The court reviewed our motion and considered all of the facts that we raised. The great news is that the COURT MADE THE RIGHT CALL and granted the motion to vacate the client’s felony conviction.

As a result, the CLIENT was ultimately able to dismiss the ENTIRE CASE and remain in this country free of any immigration consequences.

CLICK HERE TO VIEW THE COURT’S RULING WHICH GRANTED THE MOTION TO DISMISS

DUI Charges Dismissed on 10/30/12 Reduced to a Speeding Ticket

Our client Kelley contacted us from out of state and advised us that she had a warrant for her arrest based on her failure to appear in court on her June 2010 DUI charges. Her bail was set at $75,000.00.

On September 20, 2012, we appeared on her behalf at the San Bernardino Superior Court and recalled her warrant. We were also able to make sure that she didn’t need to post bail. She was released on her written promise to appear.

During the course of our defense, we determined that due to certain facts that we became aware of, we would be able to file a Motion to Dismiss the charges.

As such, we filed a motion and served a copy on the San Bernardino District Attorney’s Office. See the link below for a copy of the document. As you will note, the yellow highlighted portion would indicate that this was filed 15 days prior to the date our case was eventually dismissed.

CLICK HERE TO VIEW THE FIRST PAGE OF OUR MOTION TO DISMISS

On October 30, 2012, approximately two weeks after the District Attorney’s case received the Motion to Dismiss, the matter resolved.

CLICK HERE TO VIEW THE DISMISSAL OF THE MISDEMEANOR DUI CHARGES

The District Attorney agreed to dismiss the 2 misdemeanor charges and instead allow our client to plead guilty to infractions and pay a fine.

This means that the client has NO PRIOR DUI CONVICTION, NO MISDEMEANOR ON HER RECORD, NO LOSS OF HER DRIVING PRIVILEGES, NO REQUIREMENT TO ATTEND A DUI PROGRAM, NO INCREASED INSURANCE RATES BECAUSE OF A PRIOR DUI and SHE IS HAPPY.

Aggressive representation is what drives our attorneys at KIA LAW FIRM. We believe in quality over quantity. If you have any questions regarding a new case or you would like a second opinion on your existing case, please feel free to contact us at (855) 662-2723.

October 2012. Client is Charged with HS 11359 Possession of Marijuana for Sale. Case Dismissed.

CLICK HERE TO VIEW THE COURT DISMISSAL OF THE CASE

This is the story about Randolph who was falsely accused of possessing Marijuana for sale. When Randolph and I first met, he explained to me that all of the things that the officers had found were not possessed for purposes of selling Marijuana. We conducted a brief investigation and determined that our client was truthful.

With that said, we took on the case. We made several appearances and conducted intense investigation into the police practices, evidence seized and obtained documentary evidence consistent with our client telling the truth.

Our client was offered 32 months in State Prison. We rejected that offer.

We announced ready for the Preliminary Hearing and before we even started the hearing, the District Attorney realized that they had a weak case and dismissed the charges against our client.

What do we learn from a case like this? An officer can arrest an individual based on probable cause. The filing deputy at the District Attorney’s Office can file a Complaint against a Defendant on the theory that there is sufficient evidence to prove the case beyond a reasonable doubt.

However, with a confident well-prepared attorney, cases can be dismissed. We have included a minute order showing the results of our work and the dismissal.

If you have any questions about your case, we always offer a free consultation. Feel free to contact us at (951) 686-4818 for more information.

Drunk in Public Charge Reduced to an Infraction. No Probation. No AA Meetings.

See PDF of Infraction Here

While a drunk in public misdemeanor charge doesn’t seem like a serious case, by pleading guilty to it, often Judges will require that the Defendant attend anywhere from 52 to 90 Alcoholics Anonymous Classes while on probation. In this particular case, we were able to have the charge reduced to an Infraction which means the only thing the client was responsible for was Court fines and and fees. No probation, no misdemeanor on her record and no requirement to attend AA classes. An infraction is the equivalent of what is received in a traffic court, except, in this particular case, there is no need to attend traffic school and it doesn’t affect your driving record. Don’t just plead guilty at arraignment. Often, an experienced attorney can help by reducing or dismissing your charges because of your particular fact pattern, defenses and arguments. All too often we see Defendants pleading guilty on their first day of court without an attorney at their side. They do this to save a few bucks. In the end, this ends up being problematic for a client.

When the client goes to get a job and the question asks, “Have you ever been convicted of a Misdemeanor or Felony” – the hard part starts. Most employment applications require the prospective employee to submit something in writing explaining the fact pattern. The applicant is also required to often obtain certified records pertaining to the conviction. Not only is this a hassle, but in this difficult job market, you have to do whatever you can do to preserve your blemish free record so that employers don’t pass you over and hire someone else because of petty crimes on your record.

I always tell Clients to consult with an attorney before pleading guilty to any crime. It only takes 30 minutes and we always provide a free consultation. Experienced and caring attorneys don’t charge for a consultation. We always believe in giving free advice. If you have any questions, call the attorneys at Kia Law Firm at (951) 686-4818.

Sept 20, 2012 Bench Warrant Recalled. Misdemeanor Case Dismissed.

Click Here To See PDF of Dismissal Here

Our client was charged with possessing counterfeit materials. She had a bench warrant as well. We recalled the bench warrant and ensured that she did not have to post bail to be released on her promise to appear. Our request was granted.

Subsequently, at a pre-trial hearing, we convinced the District Attorney to dismiss the case in its entirety. We avoided probation, fines and a trial. Happy client means happy attorney.