Case Results
Felony Complaint Successfully Plea-Bargained (2013)
United States v. (Name Confidential)
United States District Court, Southern District of California
Defendant was charged in 2017 with 18 USC §2252(a)(2), receipt of approximately one point two million (1.2M) child porn images, including thousands of videos, depicting prepubescent boys and girls engaged in sex with other minors, and adult males! This crime took place over the course of eleven years, and involved the greatest number of images ever lawfully seized by the Feds to date in a Southern District child pornography case! The statute (18 USC § 2252(b)(1)) prescribes 20 years maximum imprisonment, and a five (5) year mandatory minimum. Indictment waived. Preliminary Hearing waived. Plea-Agreement pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B). The Defense and the Government negotiated a Plea-Agreement to an Adjusted Offense Level of 30 under the Sentencing Guidelines, exposing our Criminal Category I Defendant to a Guideline sentence of 97 to 121 months imprisonment. Both sides filed Sentencing Memorandums, and Sentencing Summary Charts. Defense counsel requested further downward departures — a below Guideline sentence — by written motion, with the express understanding the Government would oppose them. The Government filed its opposition. At the contested sentencing hearing the Government, pursuant to the Plea-Agreement, sought a sentence of 97 months at the low end of the Guideline range. Probation, whose Pre-Sentence Investigation Report was challenged by the defense for an incorrect Adjusted Base Offense Level, recommended 151 months. Following extensive oral argument by both the Government and the defense, and the Court’s consideration of Dr. Alan Abrams’ psychiatric assessment, the Court granted defense counsel’s request for further downward departure, and sentenced Defendant to a below Guidelines sentence of 78 months. The issue of victim restitution was resolved by stipulation at Two Thousand Dollars ($2,000.00), and defendant was found unable to pay the mandatory Five Thousand Dollar ($5,000.00) Additional Special Assessment prescribed by 18 U.S.C. §3014(a)(3). With credits, Defendant will serve a term of imprisonment of 66.3 months.
CAVEAT: Each case is unique, and every client and her/his case is different. This blog is not an express or implied representation or warranty as to the outcome of other cases; it is merely illustrative of the tenacity with which defense counsel and his highly experienced team represent clients charged with serious crime.
Defense team: Alan E. Spears, Esq.; Alan Abrams, Esq., M.D.; Kathleen A. Hilz, Paralegal.
The United States Sentencing Guidelines Manual 2016 may be viewed at: https://www.ussc.gov/sites/default/files/pdf/guidelines-manual/2016/GLMFull.pdf
Felony Case Successfully Plea-Bargained on the Morning Set For Jury Trial
People v. (Name Confidential)
Riverside Superior Court – Southwest Division
Defendant charged by Information with Grand Theft (Penal Code Section 487(a), Burglary (Penal Code Section 458), and Embezzlement (Penal Code Section 503). Case plea-bargained the morning jury selection was set to begin. Defendant plead guilty to Grand Theft. The Burglary and Embezzlement felony counts were dismissed. Defendant sentenced to 120 days of house arrest with GPS monitoring, with 17 days combined credit for time served. Bond exonerated. Kathleen Hilz, Paralegal, assisted in the favorable resolution of this case.
Multiple Offender DUI Case Successfully Plea-Bargained
People v. (Name Confidential)
San Diego Superior Court – East County Division
Defendant charged in a Criminal Complaint with Driving Under the Influence (California Vehicle Code Section 23152(a) and Driving With a Blood Alcohol Level of 0.08% or Greater (California Vehicle Code Section 23152(b). Two prior DUI convictions within a ten year period were alleged as to each count. The statutory minimum punishment is 120 days county jail. Defendant plead guilty to Driving With a Blood Alcohol Level of 0.08% or Greater, California Vehicle Code Section 23152(b), and was sentenced to 180 days of GPS monitoring with no house arrest, and 2 days combined credit for time served. Defendant must complete the M.A.D.D. class, and enroll in and complete the multiple offender alcohol program. Minimum statutory fines/penalty assessments, and court administrative fee for monthly payment plan.
Vehicular Manslaughter Case Successfully Plea-Bargained
People v. (Name Confidential)
San Diego Superior Court – South County Division
Defendant charged in a Criminal Complaint with Vehicular Manslaughter (Penal Code Section 192(c)(2). District Attorney sought one year county jail punishment, and insisted any plea agreement include this punishment. Defendant plead guilty to the Court without the benefit of a plea agreement or indicated sentence from the Court. The Prosecution filed a Sentencing Memorandum setting forth circumstances in aggravation in support of a one year county jail sentence. Defense filed a reply Sentencing Memorandum setting forth circumstances in mitigation in support of no county jail time. After a formal sentencing hearing, the Court sentenced Defendant to 120 days of work furlough, and payment of a $1,000.00 fine payable at the rate of $100.00 per month. Defendant booked and released. Kathleen Hilz, Paralegal, assisted in the favorable resolution of this case.
Felony Case Successfully Plea-Bargained at the Pre-Preliminary Hearing Conference
People v. (Name Confidential)
San Bernardino Superior Court – Joshua Tree District
Defendant charged by Criminal Complaint with Embezzlement (Penal Code Section 504(a)). The items involved, worth more than $4,000.00, was new merchandise taken from a Military Exchange where Defendant was employed. Case plea-bargained at the Pre-Trial Conference. Defendant plead guilty to Embezzlement. The Defendant sentenced to 90 days of house arrest with GPS monitoring. Defendant will wear the GPS for 45 days as a result of receiving Penal Code Section 4019 credits.
Felony Attempted Murder Complaint Successfully Plea-Bargained
People v. (Name Confidential)
Orange County Superior Court – Harbor Division
Defendant shot the victim five times with 2 .38 Special. Miraculously the victim didn’t die! He was charged with Willful, Deliberate Premeditated Attempted Murder (Penal Code §664(a)/187(a)) with Special Allegations that he committed Great Bodily Injury (Penal Code §12022.7(a)) and Personally Discharging a Firearm Causing Great Bodily Injury (Penal Code §12022.53(d)). Defendant was facing Life in Prison with the possibility of parole. After many months of intense negotiations case resolved by plea-agreement whereby Defendant plead guilty to Assault With 2 Deadly Weapon (Penal Code §245(b)) with Use of a Firearm (Penal Code §12022.5(a)).
Felony Complaint Successfully Plea-Bargained
People v. (Name Confidential)
San Bernardino Superior Court – Central Division
Defendant with California Vehicle Code §§23152(a), 23153(b), 14601.1(a). This DUI involved a two car collision in which all four vehicle occupants were injured, two severely. Case Plea-Bargained. Defendant pled guilty to two counts of DUI with injuries, CVC §23153(b). Defendant sentenced to 6 months house arrest with GPS monitoring. Defendant Penal Code §17(b) eligible after 24 months.
Felony Complaint Dismissed With Prejudice
United States v. (Name Confidential)
United States District Court, Southern District of California
Defendant charged with 21 USC §§952 and 960, Importation of 16.36 kilos of Marijuana in to the United States from Baja. Government agreed to deferred prosecution. Case dismissed with prejudice. Court granted Defendant’s request for the return of a valid US Passport.
Felony Complaint Successfully Plea-Bargained
United States v. (Name Confidential)
United States District Court, Southern District of California
Defendant charged with 21 USC §§952 and 960, Importation of 16.10 kilos of Cocaine in to the United States from Baja. The statute prescribes a maximum punishment of life imprisonment. The guideline range for imprisonment was 70 to 87 months. Indictment waived. Plea-Agreement pursuant to Federal Rule of Criminal Procedure 11(c)(1)(B). Government agreed to an Adjusted Offense Level of 32 under the Sentencing Guidelines. Defense requested further downward departures with the express understanding the Government would oppose them. At sentencing the government sought 37 months; Probation recommended 51. Court granted Defense request for downward departure and sentenced Defendant to 24 months with substantial credit for time served.
Sentencing Memorandum written by Carl M. Hancock, Esq. Sentencing negotiations and sentencing argument by Alan E. Spears, Esq
Felony Complaint Successfully Plea-Bargained
People v. (Name Confidential)
San Bernardino Superior Court – Fontana Division
Defendant charged with Attempted Murder and use of a semi-automatic pistol. Penal Code 58664, 187, 12022.53(a), 12022.53(b), 12022.5(a), 12022.5(a)(d). Defendant was facing twenty-nine years to life. Case plea-bargained to one count of Assault With a Deadly Weapon, Penal Code §245(b), and Personal Use of a Firearm, Penal Code §12022.5(a)(d). Sentenced to thirteen years State Prison with substantial credit for time served.
Felony Complaint Successfully Plea-Bargained
United States v. (Name Confidential)
United States District Court, Southern District of California
Defendant charged with 18 USC Section 2252(a)(2), receipt of a huge quantity of child porn images, both photos and videos. The statute prescribes 20 years maximum imprisonment. Indictment waived. Plea-Agreement pursuant to Federal Rule of Criminal Procedure 11(c)(1)(8). Government agreed to an Adjusted Offense Level of 34 under the Sentencing Guidelines. Defense requested further downward departures with the express understanding the Government would oppose them. At sentencing the Government sought 12 years; Probation recommended 8. Court granted Defense request for downward departure and sentenced Defendant to 6 years, 8 months with some credit for time served.
Defense team: Alan E. Spears, Esq.; Carl M. Hancock, Esq.; Alan Abrams, Esq., M.D.
Felony Conviction Reduced People v. (Name Confidential)
San Diego Superior Court, Central Division
Defendant convicted of Assault Penal Code Section 245(a)(1) with Great Bodily Injury (Penal Code Section 12022.7. Victim suffered a fractured skull and other injuries. Motion to reduce Felony to Misdemeanor pursuant to Penal Code Section 17b at the 18-month probation mark prospectively granted. Great Bodily Injury enhancement stricken in the interest of justice pursuant to Penal Code Section 1385.
Defense team: Alan E. Spears, Esq. and Carl M. Hancock, Esq.
Felony Complaint Dismissed
People v. (Name Confidential)
Riverside Superior Court, Indio Division
Defendant charged with failure to register as a sex offender per Penal Code Section 290.013(a). Defendant was living at a drug rehab facility and had registered using the rehab’s principal address instead of the address of the building in which he was residing. Case dismissed!
Defense team: Alan E. Spears, Esq. and Michael E. Turner, Esq.
Misdemeanor Complaint (DUI) Dismissed
People v. (Name Confidential)
Imperial County Superior Court, El Centro Division
Defendant arrested for and charged with DUI per Vehicle Code Section 23152(a). He failed the Field Sobriety Tests, and refused to take a chemical test. Case dismissed!
Misdemeanor Complaint (DUI)
People v. (Name Confidential) Los Angeles Superior Court, Antelope Valley Division
Defendant charged with California Vehicle Code Sections 23152(a) and 23152(b). Single car crash. Vehicle totaled. Blood-Alcohol level 0.20! Following plea-bargain negotiations, Defendant plead guilty on October 22nd 2009 to California Vehicle Code Section 23152(b) with no 0.20% enhancement, no jail, no restuition, no public work service, $500.00 fine plus penalty-assessment, first-time alcohol program.
Felony Complaint (Child Endangerment)
People v. (Name Confidential)
San Diego Superior Court
Chula Vista Police arrested defendant for child endangerment and other felonies for allegedly spraying Chlorox bleach at her adolescent son. Dedendant was charged with three feloni Code Sections 273(a), 244, and 245(a). Following intense negotiations this case resolved with a plea to Penal Code Section 415, Distrubing the Peace, 3 Misdemeanor. No jail time!
Defense team: Alan Spears, Esq.; Carl M. Hancock, Esq.; and Alan Abrams, Esq., M.D.
United States Navy v. QMC(SW) [Name Withheld]
Administrative Separation Board, Assault Craft Unit ONE (Coronado, CA)
Charges and Specifications against QMC(SW) of numerous violations of the Uniform Code of Military Justice, Article 92 (Failure to Obey Lawful General Orders), Article 120 (Wrongful Sexual Conduct), Article 128 (Simple Assault), and Article 134 (Disorderly Conduct – Drunkenness). Following a day-long hearing with multiple witnesses called by the defense [respondent] the Administrative Board consisting of a LTCDR, LT, and Chief separated QMC(SW) from the Navy permitting him to retain his rank and pay grade.
Defense team: Alan Spears, CAPT USMM; Andrea Leahy, LT USN (JAG).
In re OTHA BOONE, JR. on Habeas Corpus
San Bernardino Superior Court
Petitioner serving life-top sentence for murder granted Habeas Corpus on July 7th 2009 for the Board of Parole Hearing’s violation of his due process rights!
Misdemeanor Complaint (DUI)
People v. (Name Confidential)
Riverside Superior Court
Defendant charged with California Vehicle Code Sections 23152(a) and 23152(b) with CVC Section 23578 enhancements of 0.15%+. Defendant’s blood alcohol level per PAS device was 0.26%! Negotiated plea to CVC Section 23152(b) w/ CVC Sec. 23578 0.15%+ enhancement. Minimum fine/penalty assessments. 20 days Sheriff’s Work Furlough to be served weekends. Summary probation. Ehanced First Offender Alcohol Program.
Misdemeanor Complaint (DUI)
People v. (Name Confidential)
San Diego Superior Court
Defendant charged with California Vehicle Code Sections 23152(a) and 23152(b) with CVC Section 23578 enhancements of 0.15%+. Defendant’s blood alcohol level per PAS was 0.21%! Negotiated plea to CVC Section 23152(b) w/ CVC Sec. 23578 enhancement. Stipulated blood alcohol level of 10.18% permitting Defendant to attend 3-month First Offender Alcohol Program. Minimum fine/penalty assessments. 10 days Community Service to be served weekends. License suspension unc pro tunc to date of arrest. Summary probation.
Misdemeanor Complaint (DUI)
People v. (Name Confidential)
San Diego Superior Court
Defendant charged with California Vehicle Code Sections 23152(a) and 23152(b) with CVC Section 23578 enhancements of 0.15%+. Defendant’s blood alcohol level was 0.23%! Negotiated plea to CVC Section 23152(b) w/ CVC Sec. 23578 enhancement. Stipulated blood alcohol level of 0.19% permitting Defendant to attend 3-month First Offender Alcohol Program. Minimum fine/penalty assessments. 40 hours Community Service to be served “as able”. Summary probation.
Felony Complaint (Conspiracy)
People v. (Name Confidential)
Imperial Superior Court
State Bureau of Narcotics Agents conducted a reverse-sting cocaine drug sale operation during which they seized $250,000.00 cash. Defendant (and others) charged with Sale/Transportation/Offer to Sell Controlled Substance (Health and Safety Code Section 11352(a); Conspiracy to commit the crime of Sale/Transportation/Offer to Sell Controlled Substance (Penal Code Section 182(a)(1)); Possession of Money Over $100,000.00 (Health and Safety Code Section 11370.6(a); and Conspiracy to commit the crime of Possession of Money Over $100,000.00 (Penal Code Section 182(a)(1)). Negotiated plea to Conspiracy to commit the crime of Possession of Money Over $100,000.00 with stipulated mid-term sentence and credit for local time served. Defendant will serve approximately 14 months with good-time credits. All remaining counts dismissed.
Misdemeanor Complaint (DUI)
People v. (Name Confidential)
Santa Barbara Superior Court
Defendant charged with California Vehicle Code Sections 23152(a) and 23152(b). Following plea-bargain negotiations on December 4th 2008, Defendant plead guilty on January ath 2009 to California Vehicle Code Section 23102.5, Reckless Driving.
Notice of Proposed Removal from a USNS Shipboard Position
In re Able Seaman James S.
Department of the Navy, Military Sealift Fleet Support Command
By letter dated 23rd October 2008 the Department of the Navy served Able Seaman James S. “Notice of Proposed Removal” for violation of Ship’s Orders as regards said Seaman’s possession of injectable anabolic steroids and syringes aboard a USNS Ship while on deployment. Following the filing of formal written response dated November 10th 2008, Seaman James S. received 3 reprimand on January 7th 2009 consisting of a fourteen (14) days suspension without pay on condition he never again possess injectable drugs and/or syringes aboard ship.
Petition for Writ of Habeas Corpus
In re ALBERTO AVENA RAMIREZ
San Bernardino Superior Court
Following an evidentiary hearing on December 30th 2008, and oral argument on January 2nd 2009, the Court granted Petitioner’s Writ of Habeas Corpus, setting aside his conviction of Attempted Murder (California Penal Sode Sections 664/187(A)) and Assault With a Deadly Weapon (California Penal Code Section 245(A)(2)), and vacating his 27-year-to-life state prison sentence.
DISCLAIMER: Each case is unique, and every client and her/his case is different. This blog is not an express or implied representation or warranty as to the outcome of other cases; it is merely illustrative of the tenacity with which defense counsel and his highly experienced team represent clients charged with serious crime.