Our client was originally charged with 65 felony counts including charges alleging our client committed assault with a semiautomatic weapon (PC 245(b) and was in possession of unlawful assault weapons, rifles, and machine guns within a school zone (PC § 30600, 36065, 32625, 626.9). When officers arrived to respond to the 911 call, they seized over 30 unlawful unregistered assault rifles and machine guns our client had stored at his home. Our client was arrested and bail was set at $2,190,000. Based on the charges alleged in the Complaint, our client was facing over 28 years in state prison.
We have previously written about our success in litigating the motion to reduce his bail from the $2,190,000 to $230,000.[1] Once our client was released on bail, he was ordered to reside in a residential treatment program during the pendency of the proceedings. We further had our client enroll in an electronic monitoring program that resulted in his detention in the rehabilitation facility throughout the pre-sentencing proceedings in this case.
We conducted extensive research related to the possession of the firearms in this case and were able to determine that many of the firearms possessed were lawfully possessed and registerable.
After strenuous negotiation, our client ultimately pled to five counts of the Complaint and was sentenced to serve six years in state prison.
Prior to his sentencing, our client required surgery for medical conditions related to his spine and back. Our client needed time to undergo the surgery and recover prior to being sent to state prison.
I filed a well-documented Penal Code section 1050 motion and we were granted a continuance of over two months to allow our client to remain within the alcohol rehabilitation facility under electronic monitoring to receive the surgery and safely recover from the surgery.
At his sentencing, we argued that pursuant to Penal Code section 2900.5 and Penal Code section 1203.018, our client was entitled to pre-sentence custody credits for the time spent in the rehabilitation facility on electronic GPS monitoring. The court agreed with out argument and our client was awarded substantial pre-sentence credits towards his prison sentence.
This is an amazing result for our client!
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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.
[1] To read this full blog post visit:
https://www.escovarlaw.com/blog/2018/may/bail-reduced-from-2-190-000-to-230-000-for-over-/