Federal Counterfeiting Case-United States District Court-Southern District

Client found not guilty on all counts after jury trial.

Federal Heroin Seizure-United States District Court-Southern District

Client found not guilty on all counts after jury trial.

Federal Marijuana Seizure at the Border-United States District Court-Southern District

Client arrested at the border with marijuana. Found not guilty on all counts after jury trial.

Federal Major Fraud Investigation-United States District Court-Southern District

Charges dismissed on speedy trial grounds after lengthy and complex motions filed.

Sexual Assault-Client Faced Lifetime 290 Registration-Santa Clara County

We were retained to represent a client in Santa Clara County who was charged with sexual assault. After examining the case, we determined that the alleged victim was not credible. The District Attorney refused to dismiss the case. We went to trial, and after cross-examination of the alleged victim, the District Attorney moved to dismiss the case in its entirety.

2 Counts of Felony Resisting an Executive Officer, 1 Count of Felony Burglary, 2 Misdemeanors - Lake County

Client was charged in Lake County, California with 3 felonies and two misdemeanors. He was facing a number of years in the state prison if convicted of all counts. His friend who had been with him that evening, had already pled guilty in this case to a felony and sentenced to the state prison. We were hired after the preliminary hearing. The offer was plead to one felony and to receive a year in the county jail. We filed a 995 motion and a Pitchess motion. At the hearing on the 995 motion, the prosecutor agreed to dismiss the burglary felony. Now the client was facing two felonies and two misdemeanors. After months of negotiation with the District Attorney, filing numerous motions, and intensive investigation to prepare the case for trial, we were able to persuade the District Attorney to offer the client a misdemeanor plea with no jail time. Through our work, our client was able to avoid a felony conviction on his record and did not have to spend any additional time in jail.

Felony Assault, False Imprisonment, Kidnapping-Contra Costa County

We were retained by the family of a client who was in jail on numerous serious felony charges. The client was accused of participating in a violent kidnapping and there allegedly were numerous witnesses to this taking place. Through our investigation we determined that there were a number of defenses to these charges and we were able to convince the prosecutor to amend the charging document to reduce all of the felonies to misdemeanors and the sentence was 90 days in jail. Prior to our coming into the case, the client was looking at a potential state prison sentence of over 5 years and a strike.

New Trial Motion-New Trial on Felony Narcotics Case-Tuolumne County

We were retained to represent a client in Tuolumne County. He had previously been represented by the Office of the Public Defender for Tuolumne County and had been found guilty of violating California Penal Code Section 11359, distribution of narcotics, a felony. He was facing a sentence of up to four years in state prison. He believed that he had a better chance of receiving a lighter sentence if he hired a private defense lawyer for his sentencing hearing. We came into the case and immediately decided that we should file a motion for a new trial because we believed that he had been prejudiced by events that occurred throughout his jury trial. Our motion for new trial was granted. He was given a new trial and did not have to proceed with a sentencing hearing. We immediately began preparing for his new trial. Despite the overwhelming evidence in the case, including video surveillance footage, and the fact that he had lost his first trial, we were able to avoid a conviction with a hung jury. Yet again, through our efforts, he was able to avoid serving time in state prison.

Assault With a Deadly Weapon/Gang Enhancement-San Mateo County

We were retained to represent a client accused of being a participant in a gang shooting in San Mateo County. Bail was initially set at $1 million dollars; then reduced to $100,000. In this case, we stood up to the government and made sure our client’s constitutional rights were not violated. We made it clear repeatedly to the District Attorney that the case against our client was overcharged and inappropriate based on the state of the evidence. After repeated phone calls and court appearances, including two bail motions seeking a further reduction, the District Attorney agreed with us and dismissed the case for insufficient evidence.

Three Strikes-Assault on a Police Officer/Great Bodily Injury-Sonoma County

We were retained for a three strikes case in Sonoma County. The defendant was charged with assaulting a police officer with enough force to cause great bodily injury, along with several other charges, including the attempted removal of the officer's weapon and burglary. Our client assured us that he had never attempted to harm the officer or take his weapon. However, the officer testified for almost three days before a jury and stated emphatically that our client had assaulted him and tried to take his gun away from him. Because our client had two previous strikes, a favorable trial result was absolutely necessary to avoid a potential life sentence. Despite the testimony of the officer and corroborating testimony by his fellow officers, we convinced the jury to believe our client's version of the alleged struggle, and we did so without any testimony by our client. We received not guilty verdicts on the felony assault charge and the felony charge of attempted removal of an officer's firearm.

Possession With Intent to Distribute Ecstasy-Santa Clara County

We were retained by a client arrested for possession with intent to distribute ecstasy. He was facing up to 3 years in state prison. Through our hard work and persistence, he was sentenced to home detention and did not have to spend any additional time in jail.

Threatening Public Utilities Worker With An Assault Weapon—Butte County

We were retained to represent a client charged with pointing an assault rifle at a public utilities worker who was on his property. He was facing numerous charges and prison time. We filed numerous motions in this case and he eventually was given a no jail time offer and was able to serve his sentence on home detention.

Battery on a Police Officer/Resisting Arrest/Vandalism-Stanislaus County

We were retained by a client who was already in trial with another attorney she had lost faith in. The client was convinced she was going to lose the trial and potentially be sentenced to 120-180 days in jail. We came into the case and were able to convince the judge to declare a mistrial. Our client had been extended an offer prior to trial that was to plead guilty and receive 30 days in jail. The District Attorney had indicated that offer was off the table. We filed four motions that had not been filed by her prior counsel. After multiple court appearances and negotiations with the District Attorney, our client received a no jail time offer she accepted.

Burglary and Grand Theft-Santa Clara County

We were retained to represent a defendant accused of burglary and grand theft. Our client was caught with several items of stolen property and burglary tools in a Macy's store. Because our client was not a citizen, a conviction for a crime of moral turpitude would have resulted in automatic deportation out of this country. Both of the charged crimes are considered crimes of moral turpitude. Our office understands the tremendous effect immigration issues can have on the criminal process. For that reason, we consult with an experienced immigration attorney in all cases where immigration issues are present. In this case, we were able to negotiate a deal which would have no immigration consequences. Our client served no jail time and is currently seeking to attain citizenship.

Attempted Murder-Napa County

We were retained for a juvenile case in the County of Napa. The juvenile was charged with attempted murder for cutting the throat of his stepfather. Attempted murder carries a sentence of up to 25 years. Despite very damaging evidence, including an admission of guilt by the juvenile, we were able to negotiate a deal which included a maximum possible sentence of four years to be served at 50%, thereby guaranteeing that our client would serve a maximum of two years, potentially less. Despite having been charged with one of the most serious crimes in our legal system, this juvenile will serve a minimum sentence and have a second chance.

6 Felony Charges-Brandishing Loaded Gun at Off-Duty Police Officer-Contra Costa County

We were retained to represent a criminal defendant in the county of Contra Costa in June of 2008. This defendant was charged with six felonies, stemming from allegations he pointed a loaded gun at an off duty police officer and his wife while both he and the victims were driving in their cars. He was arrested while following the officer and his wife into a parking lot. The loaded gun was found in the front seat of the vehicle. In addition to having pointed a gun at an officer and his wife, this defendant had a previous gun conviction, which meant he was not permitted to own or operate any firearm, thereby making the possession of the gun and ammunition separate criminal acts. Four of the felonies were considered strikes, and the combined possible sentence for all six charges was staggering. Through persistence and hard work, we were able to negotiate a no jail time deal for this client and we were able to ensure that he would not receive a single strike on his record.

 

Successful Appeals

U.S. District Court-Northern District-Federal Wiretap Case

Client convicted after trial in federal wiretap case that was gang related. Mr. Cohen was hired to represent client for motion for new trial, sentencing, and appeal. Government was asking for 36 years, Mr. Cohen was able to convince the judge to sentence to him 16 years. On appeal, Mr. Cohen was able to get his conviction reversed and he was released.

U.S. District Court-Southern District

3 cases reversed on appeal.

Tax Court Trial, Post Trial Briefs

All government claims dismissed.

 

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This is a sampling of our case results. We handle many cases each year and achieve successful results for our clients.