When our client first hired our office he was charged with four (4) counts of “Conspiracy” related charges in violation of Penal Code section 182(a)(1) and Penal Code section 182.5. Given the enhancements alleged, including a pending out-on-bail enhancement (Penal Code section 12022.1), 5-year prior serious felony enhancement (Penal Code section 667(a)(1)), third-strike enhancement (Penal Code section 667(e), and gang enhancements (Penal Code section 186.22(b)(1)(A)/186.22(b)(4)/186.22(b)(1)(B)), our client was facing a life sentence if convicted of the charges.
The underlying offenses involved allegations of conspiracy relating to an organized crime organization in the Los Angeles County jail system. At the time that our client was charged with these offenses, he was serving a state prison sentence on another matter and the prosecution had a strong factual case against him in this matter, including video and phone call evidence.
After the preliminary hearing, attorney Steve Escovar wrote and filed a Penal Code section 995 motion contesting the sufficiency of the charges alleged. This motion aided Mr. Escovar in discussions with the prosecution regarding alternative sentence dispositions given our client’s favorable equities.
When District Attorney Gascon was sworn into office as the newly-elected District Attorney for Los Angeles County, he issued “Directives” indicating that his office policy would be to no longer pursue certain allegations/enhancements. Included in this list of enhancements and allegations that would no longer be pursued by his office are: any prior-strike enhancements, any “5 year prior” enhancements, gang enhancements, special circumstances allegations resulting in an LWOP sentence, and violations of bail or O.R. release.
Given this policy change within the Los Angeles District Attorney’s Office, the outlook of our client’s case significantly changed and all enhancements causing our client’s case to be a potential life sentence were dismissed. After the dismissal of the enhancements and allegations, attorney Steve Escovar was able to negotiate to a disposition in which our client pled to one Conspiracy charge in exchange for a two (2) year state prison sentence, for which our client would serve half time.
This is an incredible result for our client that will allow him to return home with his family in approximately a years time.
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