Case Results

THE CASE OF THE AI ID!

Willie was on his way to a vacation in Cancun. He had already flown from Las Vegas (where he lived) to Houston for his layover, but as he was about to board his second flight, a customs officer told him he had a warrant out of Placer County that he should take care of. Willie had no idea what this was about, but he turned around and a few days later he turned himself into the Placer County Jail. However, the jail sent him back home with a court date, so he flew back to Placer a month later, and the Placer Court slapped a GPS monitor on him and told him he had to stay in California with family – even though he himself still lived in Las Vegas. That’s when he turned to Sam.

 

Sam immediately got Willie permission to move back to Las Vegas, and also learned what the case was about. Some guy had been going into gyms, stealing credit cards out of locker rooms, and then using the stolen cards to shop, and was caught redhanded on multiple videos. It so happened that Willie was in the lobby of one of the gyms at around the time they guy went in; he wasn’t interacting with the guy, he didn’t enter at the same time as the guy, but an AI program identified Willie by matching him with some unknown photo database, and suddenly he was charged with 10 felonies he didn’t commit. The DA wanted to send Willie to jail for a while, but instead Sam set the case for a preliminary hearing – an evidentiary hearing, where the cop had to tell a judge that Willie was only there because of this AI ID about which she knew no details. The judge dismissed nine of the ten felonies, and finally the DA saw the writing on the wall and dismissed the tenth. So in the end justice was served for Willie, although he had to cancel a big trip and wear an ankle monitor for a while first. The guy who actually did it remained at large the whole time.

HE EARNED IT!

Eddie had a lot going for him, until one day he didn’t. He started doing drugs, and eventually fell into a life of petty theft. Just before Covid he was arrested for felony identity theft. Then, Covid hit, and his court date was rescheduled – but he didn’t get the memo, and a warrant was put out for his arrest. By 2023 he was facing a term in prison. But he also had gone through an enormous turnaround in life. He had gone through multiple rehabs, finally gotten clean and sober, got baptized and became active in his church, and eventually started to sponsor people through Anonymous programs and, incredibly, was even hired on as a counselor and mentor through the probation department of his home county to help folks struggling with the same issues with which he had struggled and the same demons he was continuing to fight. Sam was able to show the DA and the judge the hard work and dedication Eddie had put in, and negotiated a deal that kept him out of jail entirely and gave him the chance to have the case reduced to a misdemeanor and expunged after a year if he continued on the path he was on. A great result, to be sure – but there was one more step he had to take. Because Eddie was working for the probation department helping folks in his home county, he could not have his probation transferred there without losing his job with the department. So the deal included a term that his probation not be transferred, and when the probation department moved to transfer probation under their standard procedure, Sam came back to court to make sure the transfer didn’t happen, and Eddie was able to remain on the job helping people avoid some of the worst of what had befallen him.

DISMISSAL OF ALL FELONIES!

Simon got a bad rap. At 17, he was sentenced to prison for life for murder in a robbery gone wrong, even though he was just a kid and didn’t pull the trigger. Thirty years later, the law changed so that someone in his position could not be held for life after all, and he was released. But when a neighbor heard a commotion, they called police. They found his wife drunk, naked, and yelling, and Simon calm, sober, and dressed; both Simon and his wife denied there had been any violence. Nonetheless, Simon was arrested on felony charges, and held in jail on extremely high bail. He was facing 18 years in prison; the DA was “willing” to “reduce” that to 12 years if Simon pled guilty. Instead, Sam set a preliminary hearing. The judge dismissed the felony charges; Simon admitted to only a misdemeanor charge and was released from jail.

CHARGES DISMISSED!

Mira was trapped in a very bad relationship. Her partner was abusive both mentally and physically. After one particularly bad incident, in which he left marks by burning her with a cigarette, she got the courage to finally call the cops – who responded by telling her to give a statement to them while in the presence of her abuser, and then left without helping when she refused. A few weeks later, he physically abused her again, and after leaving the house to cool off at a nearby park for a few hours, she called the cops again. This time, when they came they took a statement from her abuser, and then arrested her for a felony. Mira hired Sam to represent her case. Sam and his investigation team gathered some information together to show what actually happened; Sam presented that info to the DA, who agreed not to charge a felony, but still charged a misdemeanor – a lesser crime, but still an injustice based on terrible police work where the cops turned the victim into the perpetrator. Sam kept working though, and eventually obtained the body cam video from the cops. The video showed clearly that the cops took many steps that were completely contrary to national training standards in investigating domestic violence, and basically arrested Mira simply because they didn’t want to deal with her. Finally, the DA dismissed her case. Even when the government really turned against Mira, she stayed with it and, with Sam’s help, got the just result. 

DEPORTATION AVOIDED!

Cheri learned that misdemeanor charges had been filed against her and a warrant was out for her arrest, while she was applying to renew her visa to be in the US. Immigration gave her ninety days – not very long in the world of legal proceedings – to respond to inquiries about the case, under threat of denial of her visa application and potentially even deportation. Needless to say, Cheri was blindsided. The whole situation was over a very minor incident that happened while she was working at an elder home; she had spoken to a police officer, who had told her no charges had been filed but said she’d be contacted if they ever were filed. She even gave her phone number to the officer and asked for further updates. Six months after that, a misdemeanor case was filed. Nobody attempted to let Cheri know, and she found out about the charges months later, nearly two years after the alleged incident, almost by accident. Cheri hired Sam, and Sam didn’t flinch. After discussions with Cheri’s immigration lawyer, Sam confirmed Cheri needed this case to go away, preferably within the ninety day deadline. So almost immediately after being retained, Sam filed a motion to dismiss the case for violation of Cheri’s right to a speedy trial. The motion was granted, and Cheri’s case was dismissed outright with time to spare on the ninety-day immigration deadline. Cheri’s visa application was subsequently granted, and she remains able to live and work in the United States legally.

SOAKING WET!

Roberta had just finished a day on the lake in her friend’s boat, and they were pulling the boat out of the water at the boat ramp. Roberta’s friend drove an old truck, and as Roberta was loading their cooler onto the boat, she accidentally knocked the truck into neutral, and it rolled down the ramp and into the lake, with her inside. The truck started sinking. Fortunately, a heroic civilian pulled Roberta out of the lake to her safety before the truck sunk. Less fortunately, about ten minutes after she was pulled out of the water, a park ranger showed up, gave Roberta some field sobriety tests, and arrested her for DUI – while she was still wet, and despite her never having driven the truck in her life, let alone that day. Sam took Roberta’s case all the way to trial – where he made a motion to dismiss based on the DA not turning over all required evidence. The motion was granted, and the DA supervisor even showed up to court to beg forgiveness for violating the rules of discovery. What started with a good day turned really bad, ended – with Sam’s help – as a case rightfully dismissed.

A BUSINESS TRIP GONE WRONG!

Tiffani came to northern California from her home on the east coast on a business trip. While she was here, she had a drink with colleagues, and made the mistake of driving back to her hotel, and on the way she got into an accident. The other driver suffered minor injuries, and Tiffani was arrested. Even though Tiffani’s blood alcohol level was measured at below the legal limit, she was charged with felony DUI, and was facing jail or even prison in California. But Tiffani realized her mistake and took action. She quit drinking and started regularly attending AA, and she cooperated fully with the other driver’s insurance claims. Sam was able to help Tiffani negotiate a resolution for a misdemeanor charge, no jail time, and – most importantly – her young daughter having a mom at home instead of in jail across the country.

WET RECKLESS!

In some case, a person charged with a DUI will have their case reduced to a lesser charge called a wet reckless. Usually, a wet reckless is reserved for those accused of first time DUIs, with blood alcohol levels around the legal limit of .08%, and no accidents or property damage. Not Bobbo. He was accused of crashing into a parked car and driving away with his blood alcohol level at double the legal limit, while he was on probation for his first DUI already. He was facing jail time, five years of probation, and a lengthy license suspension. But Sam and his investigator uncovered some serious flaws in the prosecution’s case, including evidence that the witness the cop claimed saw Bobbo driving may not have said that after all. The case was reduced to a wet reckless; Bobbo was placed on a year of probation, did no jail time, and kept his license.

LENGTHY JAIL SENTENCE AVOIDED!

Kenny was facing up to three years in jail for a felony DUI. That's time away from his family, and just as important, time during which he would not be able to get the help he needed to put his destructive pattern of drinking behind him once and for all. Sam was able to negotiate a deal where he served house arrest, and take part in an alcohol abuse program.* Not only did Kenny remain out of jail with his family, but he was able to use this experience as a catalyst to get the help he needs to be able to be the father and husband he knows he should be. If you're facing harsh penalties for DUI, Cannabis, or other criminal matters, call Sam!"

CASE DISMISSED!

Sam's client was facing multiple criminal charges and asset forfeiture of over $12,000 to the government. Sam was able to get the court to rule that the evidence was taken during an illegal search, and the case was dismissed! The DA then tried to reinstate the criminal charges using an illegal procedure, and the judge admonished her in open court. As one of the best criminal defense attorneys practicing law in Northern California, Sam will go to work for you to get the best possible results in your case.

NOT GUILTY!

Sam's client, a refugee from Iraq, was charged with two felonies in Sacramento County, including a felony strike. Even though he maintained his innocence, he was facing the prospect of four years in prison, the loss of his driving privilege for the rest of his life, and deportation, all because of the criminal charges against him. Sam took his case to trial in front of a jury, and he was found not guilty. Now he gets to live his life and stay in the US as a free man.

98% FINE REDUCTION

Sam's client was facing administrative fines of well over $1 million after renters used her house to grow marijuana illegally in Northern California, without her even knowing. After long litigation and negotiations, her fines were reduced by more than 98 percent, thanks to Sam's legal expertise. Law Office of Samuel D. Berns, Inc. will put their experience to work for you if you're facing asset forfeiture related to cannabis cultivation. Call Sam today!