Initial Charges:
Count 1: Penal Code § 12280(b) Felony Possession of Assault Weapon
Count 2: Penal Code § 12020(a)(1) Felony Short Barreled Shotgun or Rifle Activity
Count 3: Penal Code § 12021(c)(1) Felony Unlawful Firearm Activity
Count 4: Penal Code § 12316(b)(1) Felony Possession of Ammunition
Outcome:
Felony deferred entry of judgment. Agreement to a misdemeanor upon completion of probation.
Initial Charges:
Count 1: Vehicle Code § 2800.2(a) Felony Evading an Officer, Willful Disregard
Outcome:
Initially convicted of a felony for evading an officer.
Counsel hired to argue Motion to terminate probation and motion to dismiss felony conviction.
Motion GRANTED, Case DISMISSED
Initial Charges:
Attempted Murder
Outcome:
Successful in PREVENTING the filing of a first degree attempted murder charge in the Van Nuys court.
Mr. Carillo was documented on surveillance video firing his weapon, and in fact hitting the individual in the head for whom he was engaged in a fight with.
Initial Charges:
Plaintiff's civil action for Defamation
Outcome:
Obtained a jury verdict of $2,000,000.00
Obtained Punitive damages finding of $2,100,000.00
Total of $4,100,000.00 in damages awarded.
Initial Charges:
Obtained a jury verdict of $2,000,000.00
Obtained Punitive damages finding of $2,100,000.00
Total of $4,100,000.00 in damages awarded.
Outcome:
Felony probation to the Court followed by DISMISSAL of entire action.
Initial Charges:
Count 1: Penal Code § 242 Battery
Outcome:
Deferred entry of judgment, case DISMISSED upon completion of counseling.
Initial Charges:
Deferred entry of judgment, case DISMISSED upon completion of counseling.
Outcome:
Ms. Schisler was arrested by LAPD undercover detectives possessing $500,000.00 in cash, marijuana, and cocaine.
Misdemeanor plea, served 14 days of county jail
Initial Charges:
Count 1: Penal Code § 459 Felony First Degree Residential Burglary
Count 2: Penal Code § 496(a) Felony Receiving Stolen Property
Count 3: Penal Code § 594(b)(1) Felony Vandalism Over $400 Damage
Count 4: Penal Code § 836.6(b) Misdemeanor Escape from Arrest
Outcome:
Defendant was alleged to have burglarized a home and was seen removing a safe from the residence. After being apprehended and taken into custody of the San Bernardino County Sheriff, defendant crawled through the ceiling tiles and escaped custody. Defendant was chased and ultimately apprehended again.
Misdemeanor plea, probation
Initial Charges:
Count 1: 21 U.S.C. § 846 Conspiracy to Possess with Intent to Distribute a Controlled Substance [21 USC § 841(a)(1) & (b)(1)(A)(ii)(II)]
Count 2: 21 U.S.C. § 846 Attempt to Possess with Intent to Distribute a Controlled Substance [21 USC § 841(b)(1)(B)(ii)(II)
Outcome:
Presumption against bail. Successful in acquiring bail in less than 24 hours from time of arrest in a national media case
Initial Charges:
Count 1: Penal Code § 532a(1) Felony Fraud
Count 2: Penal Code § 529 Felony False Impersonation
Count 3: Penal Code § 487(d) Felony Grand Theft
Count 4: Penal Code § 118 Felony Perjury
Outcome:
Count 1: Penal Code § 532a(1) Felony Fraud
Count 2: Penal Code § 529 Felony False Impersonation
Count 3: Penal Code § 487(d) Felony Grand Theft
Count 4: Penal Code § 118 Felony Perjury
Initial Charges:
Arbitration regarding production and distribution rights to a Marilyn Monroe film
Outcome:
Arbitration regarding production and distribution rights to a Marilyn Monroe film
Initial Charges:
Count 1: First Degree Murder
Outcome:
Defendant charged with killing his 40 year old wife. His position was that he found her on her bed covered in blood moments after she shot herself.
After preliminary hearing and an extensive investigation performed by defense investigator Paul Palladino, counsel was successful in forcing the district attorney to dismiss the case on the eve of the scheduled trial
Case DISMISSED
Initial Charges:
Count 1: LA Municipal Code § 7.54.210 Misdemeanor Acting in the Capacity of a Massage Technician Without a License
Outcome:
Defendant charged in an undercover Los Angeles County Sheriff sting operation. Defendant accused of prostitution and engaging in a massage business without a license.
Case DISMISSED
Initial Charges:
Count 1: Penal Code § 12020(a)(1) Felony Short Barreled Shotgun or Rifle Activity
Outcome:
Felony DISMISSED, misdemeanor plea after cross examination of investigating officer at preliminary hearing
Initial Charges:
Count 1: Penal Code 496(B)
Felony Receipt of Stolen Property by a Business
Count 2: Penal Code 537E(A)(2)
Felony Receipt of Stolen Property where Manufacturer Number is Removed
Outcome:
Mr. Maly and Pavlovs were Pawn Shop Owners who were the subject of an LAPD undercover sting operation involving the receipt and sale of LAUSD projectors.
Counsel had the entire case dismissed shortly after the preliminary hearing in which the detective’s testimony was obliterated during cross examination
Case DISMISSED
Initial Charges:
Count 1: Conspiracy to Commit Murder in the First Degree (SDCL 22-3-8)
Counts 2 – 6: Aiding, Abetting, or Advising Attempted Murder in the First Degree (SDCL §§ 22-3-3, 22-4-1, & 22-16-4(1)
Counts 7-11: Commission of a Felony While Armed with a Firearm
Outcome:
This was a three year battle involving two appeals to the State Supreme Court for the State of South Dakota.
Counsel was successful in filing and having granted a motion for change of venue because of extensive adverse pre trial publicity.
Trial lasted one month with extensive media coverage and local security due to the ongoing fued between the representative motorcycle clubs.
The trial resulted in findings of NOT GUILTY on all 12 counts of attempted first degree murder and DISMISSAL of conspiracy to commit attempted first degree murder
Initial Charges:
Count 1: Penal Code § 182(a)(1) Felony Conspiracy to Commit a Crime
Outcome:
Charged with conspiracy to distribute in excess of 40 kilograms of cocaine. The case involved a state wire tap investigation, surveillance, and the seizure of 40 kilograms of cocaine.
CASE DISMISSED
Initial Charges:
Count 1: Penal Code § 191.5(a) Felony
Count 2: Vehicle Code § 23153(a) Felony
Count 3: Vehicle Code § 23153(b) Felony
Count 4: Penal Code § 191.5(b) Felony
Outcome:
Count 1: Penal Code § 191.5(a) Felony
Count 2: Vehicle Code § 23153(a) Felony
Count 3: Vehicle Code § 23153(b) Felony
Count 4: Penal Code § 191.5(b) Felony
Initial Charges:
Count 1: Penal Code §187
Outcome:
Defendant arrested as a juvenile but bound over to trial in superior court.
Case DISMISSED
Initial Charges:
Count 2: Penal Code § 148(a)(1) Misdemeanor Resisting Arrest, Obstruct, Delay of Peace Officer or EMT
Count 3: Penal Code § 69 Misdemeanor Resisting Executive Officer
Count 4: Penal Code § 69 Misdemeanor Resisting Executive Officer
Outcome:
Criminal Case DISMISSED.
Civil Rights action filed against County of Los Angeles. Obtained $600,000.00 civil settlement.
Initial Charges:
Count 1: Penal Code § 211 Felony Robbery; PC § 186.22(b)(1) Gang Enhancement; PC § 12022(b)(1) Weapon Enhancement
Count 2: Penal Code § 245(a)(1) Felony Assault with a Deadly Weapon/Force Likely to Cause GBI; PC § 186.22(b)(1) Gang Enhancement; PC § 12022(b)(1) Weapon Enhancement
Outcome:
Defendant , a member of the Hells Angels Motorcycle Club, charged in Los Angeles County, Riverside County, and in multiple matters in San Diego County
Los Angeles (Malibu Court):
The element of intentional possession was set forth by the people’s Hells Angels gang expert, who testified that in his expert opinion a gun in the possession of a “prospect” and not visible to the defendant “member” would supply the element of intent in a prosecution against the member.
The matter was submitted to trial after lengthy briefings with respect to gang experts and the admissibility of their testimony. The court found in favor of the defendant.
NOT GUILTY
Riverside (Murrietta Court)
Defendant charged as a felon in possession of bullets within a glove compartment, a felony.
Evidence suppressed after counsel brought a motion to suppress the evidence.
Felony DISMISSED
San Diego County Los Angeles (Malibu Court)
Defendant charged with intimidation of an officer while at a doctor’s office.
Case DISMISSED after preliminary hearing
Defendant charged with robbery and assault with deadly weapon. The People’s theory was that defendant attempted to take a rival club member’s patch through force and with the use of a knife.
The People set forth their theory through the use of a gang expert. Defense counsel obliterated the gang expert during cross examination and systematically destroyed every witness presented by the people
Counsel obtained a 9-3 HUNG JURY in favor of defendant.
Initial Charges:
Count 1: Penal Code § 422 Felony Criminal Threats
Count 2: Penal Code § 76(a) Felony Threatening State Officials or Judges
Outcome:
Accused of threatening to kill a Superior Court Judge in chambers.
Misdemeanor Plea, Probation only
Initial Charges:
Count 1: 18 U.S.C. § 1962(d) RICO Conspiracy
Count 2: 18 U.S.C. §§ 371 & 894 Conspiracy to Collect Extensions of Credit by Extortionate Means
Count 3: 18 U.S.C. §§ 894, 2 Collection of Extensions of Credit by Extortionate Means
Count 4: 18 U.S.C. § 1951 Interference With Commerce By Threats or Violence
Count 5: 18 U.S.C. §§ 894, 2 Collection of Extensions of Credit by Extortionate Means
Count 7: 18 U.S.C. § 1951 Interference With Commerce By Threats or Violence
Count 8: 18 U.S.C. § 1956(h) Conspiracy to Launder Monetary Instruments
Count 9 & 10: 18 U.S.C. § 1956(a)(2)(B) Laundering of Monetary Instruments
Counts 11-27: 18 U.S.C. §§ 1956(a)(1)(B), 2 Laundering of Monetary Instruments
Counts 28-32: 18 U.S.C. § 1956(a)(2)(B) Laundering of Monetary Instruments
Counts 33-46: 18 U.S.C. §§ 1957, 2 Engaging in Monetary Transactions in Property Derived from Specified Unlawful Activity
Outcome:
Defendant was charged in federal court with RICO, extortion and money laundering involving allegations that he was a major player in an international conspiracy. The multi year investigation involved federal wire taps in the United States and foreign wire taps in Mexico, Morocco, and Israel. During the trial, after a co-defendant became a witness that testified for the government, defendant entered a plea resulting in a sentence of 121 months.
First Appeal GRANTED on sentencing grounds. Restitution award set aside. Remanded back to Judge Real for resentencing.
Motion for withdraw of plea denied.
Second appeal GRANTED. Judge disqualified. Resentenced to time served.
Out SIX YEARS EARLY
Initial Charges:
Count 1: Conspiracy to Commit Murder in the First Degree (SDCL 22-3-8)
Counts 2-11: Attempted Murder in the First Degree (SDCL §§ 22-4-1 and 22-16-4(1)) or In the Alternative Aiding, Abetting, or Advising Attempted Murder in the First Degree (SDCL §§ 22-3-3, 22-4-1 and 22-16-4(1))
Counts 11-16: Commission of a Felony While Armed with a Firearm (SDCL 22-14-12)
Outcome:
This was a three year battle involving two appeals to the State Supreme Court for the State of South Dakota.
Counsel was successful in filing and having granted a motion for change of venue because of extensive adverse pre trial publicity.
Trial lasted one month with extensive media coverage and local security due to the ongoing fued between the representative motorcycle clubs.
The trial resulted in findings of NOT GUILTY on all 12 counts of attempted first degree murder and DISMISSAL of conspiracy to commit attempted first degree murder
Initial Charges:
Count 1, Penal Code 187(A)
First Degree Murder
Outcome:
Defendant was charged along with his body guard with killing a member of a rival gang. The victim was shot in the back. The defense of self defense was advanced and carried the day.
After a month long trial involving at that time the novel use of video recreation and expert witness testimony the defendant was found NOT GUILTY.
The Rest is History…………………
Initial Charges:
59 Fed 3rd 176
Outcome:
Bennett charged with the first continuing criminal enterprise Kingpin statute in a case involving 8 other co-defendants. After conviction at trial, he was sentenced to life without parole. Counsel appealed and the life sentence portion of the case was reversed. Defendant was remanded back to the District Court for resentencing. Bennett was resentenced pursuant to the regular CCE statute without the kingpin allegation. No life imprisonment. Mr. Bennett is a currently a free man.