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Case Studies

People v. Chrissy H.

Client charged with: Felony Theft by Deceit and Misdemeanor Filing a False Police Report.

Result: Case Dismissed.

In 2007, Chrissy used the services of a doctor.  The procedure was paid by credit through Capital One.  Chrissy lost her job and defaulted on the loan.  Capital One sold the loan to a third party. In 2014, Chrissy was trying to obtain a mortgage when she saw the third party’s name on her credit report. At the direction of the mortgage broker she made a complaint with the police for identity theft.  The cops contacted Capital One who said it was still a valid debt and that they had a right to collect on it.  Felony Theft by Deceit and Misdemeanor Filing a False Police Report charges were filed.

At Preliminary hearing I proved that the debt was legally uncollectible and the felony charges were dismissed.  The DA refiled with felony theft charges which were dismissed via a PC 995 Motion to Dismiss. The DA then proceeded to trial on the filing a false police report charges. At the  trial, the DA had to dismiss because of lack of evidence.

I obtained dismissals on all charges because (1) I know the law, (2) I fought hard for my client and (3) I announced ready for trial leaving the DA no option, but to fold

People v. Maritza M.

Client charged with: 3d Time DUI with accident and Hit and Run.

Result: Case settled for wet reckless. DMV 3 year Suspension set aside.

Maritza was driving a friend home early in the morning. As she turned right onto a street another car turned left and cut her off. This caused her to collide with a parked car. She lost control of her vehicle and struck another parked car 30 feet down the road. The police came and investigated the case for DUI. Over three hours after the accident, Maritza’s blood was tested for alcohol and came back .23% BAC.

The DA charged Maritza with a 3d time DUI. The DMV sought to suspend her license.  I fought the DMV and won on the because the test was done more than three hours after the accident and they can’t tell what Maritza’s BAC would have been at the time of driving.

I announced ready for trial and the DA, who initially wanted 180 days in jail, finally agreed to settle the case for a wet reckless. No Jail. No License Suspension.

Good things happen when you announce: “Ready for Trial!” This means that if someone promises to dispose of your case in one appearance or that you won’t have to show up, they are not fighting for you.

Copyright 2015 The Law Firm of Edward J. Blum