Fontana man successfully withdraws plea in Rancho Court

A Fontana resident hired an LA-based law firm to defend him in his criminal case.  Prior to a preliminary hearing, his lawyer tricked him into signing a plea without going over the charges with his client prior to the taking the deal.  Rancho Cucamonga attorney Brian E. Skibby was hired to withdraw the plea.  After a motion was filed in West Valley Superior Court, the DA agreed with the defense and stipulated that the plea could be withdrawn.

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Officer’s lack of knowledge as to tinted windows when testifying at a DMV hearing results in a set aside, DMV case dismissed!

An Upland Police Officer failed to adequately testify that he observed illegal car tinting windows that he stopped in April 2016.  The DMV set aside or dismissed the case because the officer was unable to recall the level of tint.  The officer was unable to recall the the level of tint, whether it was “limo” tint or whether he asked the driver if it was after market tint or that the tint was over 30%.  Lacking other observations to establish probable cause, the case was dismissed and my client’s license was returned to him.

The law requires that at least 70% of light be able to transmit through window tinting from the dealer.  Nearly all after market tint is illegal including limo tint.

Drunk in Public case dismissed in Victorville Courthouse, San Bernardino County.

On August 31, 2016 my client’s case of drunk it public was dismissed because the officer submitted only a citation and not a full police report, which is commonly done.  In order to prove a drunk in public, a blood alcohol test is not required.  The standard of proof is whether the defendant is blocking the roadway or else is so intoxicated to be a danger to himself and/or others.  Since there was no report, the DA could not determine whether this standard was met.  As a result, my argument to dismiss the case was granted.  All charges were dropped on the first pretrial hearing.

Proposition 47

Did you know that under Proposition 47, a law passed in 2014, that all convicted felons who plead guilty to certain low grade felonies like fraud (less than $950), theft (less than $950 excluding Penal Code section 666) or drug possession may be able to able to reduce their cases to a misdemeanor?  If the applicant registers as a sex offender under penal code section 290(c) or the applicant has a serious offense charged on Penal Code Section 667(e)(2)(C)(iv), no matter how long ago, he or she cannot reap the benefits of Prop. 47 reduction to a misdemeanor.  Charges such as possession of a controlled substance, marijuana, cocaine and others can be reduced as well as petty theft with prior cases.  In the case of petty theft with a prior, if your prior theft charge is excluded under Penal Code Section 667(e)(2)(C)(iv), then you cannot reduce the charge.  But the vast majority of cases would be reduced.  Penal Code Section 667(e)(2)(C)(iv) specifies any serious or violent felony offenses punishable by life in prison or by death.  If you plead to or were found guilty of any of these charges, odds are you would still be in prison.

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New Rules for Recalling Misdemeanor Warrants in Victorville Court

The Victorville Courthouse has recently changed their rules for reserving court dates.  Traditionally a person could recall a warrant for a felony or misdemeanor the same day they “walk the case in” as long as you arrived at the criminal window prior to 8 a.m.  Now, a defendant must reserve a court date to have a misdemeanor warrant recalled.  The same day rules for recalling a felony still apply.  I recently recalled a misdemeanor warrant in court and was given a calendar date about 10 court days out.  What this means is that even though you place yourself on calendar in court, you can still be arrested by the police until that warrant is recalled.  This court policy will increase the possibility that defendants will be picked up on a misdemeanor warrant because the warrant time will be extended between the dates the defendant goes into court and the actual date that the warrant is recalled.