Recent Case Results: Pasadena Criminal Defense Lawyer Ann Gottesman

Los Angeles .DUI with .08 BAC or Higher, NOT GUILTY on (b) Count

Acquittal on the "b" count resulting in Client's Driving Privileges Being Restored. Although Client was convicted on the "a" count, the DMV could not issue a "hard" suspension so Client did not lose his job or his ability to drive. 

Burbank Court: Grand Theft Auto Charges Dismissed

My client (who was in the U.S. on an expired VISA) was driving her husband’s vehicle with her husband in the passenger seat. The car was recently stolen from a dealership and officers stopped the vehicle to investigate. The husband had a long criminal record and was being investigated for stealing numerous other vehicles, several of which my client had been observed driving. When questioned by officers about what she knew about the vehicle, my client allegedly contradicted herself, causing the investigator to suspect my client knew the car she was driving was stolen. The case was filed as a felony and the DA would not drop or even reduce the charge to a misdemeanor. I set the case for a preliminary hearing, at which time the Judge granted my motion to dismiss for insufficient evidence. It was not refilled by the DA. Because of the complete dismissal, my client will not have a criminal record and will have a chance to become legal resident.

Torrance Court : Jail Time Eliminated

My client embezzled over $60,000 during a 3 year period while working as an accountant in a position of trust for more than 3 years. The District Attorney initially wanted prison time because my client had no money to pay back the restitution. After 2 months of negotiating and providing proof of good character and mitigating factors, I was able to obtain a sentence of no jail time. My client is a mother of a 7 year old girl who can now stay home to raise her child instead of going to prison.

CCB Los Angeles Superior Court : Sex Crime Charges: Received Probation

Client was charged with committing a lewd and lascivious act on a girl under the age of 14 and the Defendant was more than 10 years older than the victim (PC 288(a)). This was a very serious case with the potential of serious prison time. The evidence against my client was very strong but I knew there was a sympathetic side I could bring out in the Defendant's case. After thoroughly investigating the case and hiring a psychiatrist to evaluate my client, I was able to present mitigating factors to the prosecutor. Without having to go to trial, I was able to convince the prosecutor to allow my client to plead guilty to one count (other 3 counts were dismissed), get credit for the 60 days he was in jail, and 5 years probation with registration requirements. Although my client was charged and convicted of a serious sex offense on an 11 year old child, he only did 60 days in county jail and was then released on probation.

Los Angeles Superior Court : Domestic Violence Case Dismissed

Client was on parole for domestic violence and was arrested for a new domestic violence charge on the same victim. New case alleged Client scratched victim during an argument in which Client was trying to leave the relationship against Victim's wishes. Client was offered by the Parole Officer a one year sentence for his parole violation unless the case was dropped. The prosecutor would not dismiss or reduce the charge even though Victim did not want prosecution and stated that the scratch was an accident and Client did not scratch her intentionally. Victim did not show up to the trial date. I argued a "Crawford" motion to exclude all statements made by the Victim to the police on the basis that it violated my Client's Sixth Amendment right to cross examine his accuser. My "Crawford" motion was granted, and the prosecutor had to dismiss the case because without the officer's testimony they had too little evidence to proceed to trial. The parole board will now revisit my Client's case in two weeks and will likely lift his parole hold because the case was dismissed.

Riverside Superior Court : DUI Case Dismissed

Client was charged with a DUI, driving with a .14 blood alcohol level, and a “refusal”. A conviction for this offense results in a mandatory 1 year suspension for a first time offender. Client claimed that she was followed from a bar and stopped by officers with no probable cause and that she never refused to take a blood alcohol test. My research showed that this particular bar had been a target for local law enforcement because of rowdy behavior, and that officers were harassing patrons leaving the bar.

At the DMV hearing I argued that the case should be dismissed because officers had no probable cause to stop my client. To win the case, I subpoenaed and cross examined the arresting officers. Through my cross examination, I shredded their credibility by impeaching their testimony and catching them in lies. The DMV hearing officer declared the officers’ police report to be “untrustworthy and unreliable” and found the officers had unlawfully arrested my client because they lacked any probable cause to stop her. The DMV hearing Officer dismissed (“set-aside”) the suspension and my client got her license back. The criminal court case is still pending, but as a result of the DMV set-aside, Client will have a very good chance of winning her court case or having the charges dismissed upon a motion to suppress.

Alhambra Court : Reduced Jail Time

Client was charged with a misdemeanor second DUI and but had over 20 prior criminal convictions, including two strikes. After carefully examining the discovery, I discovered that the police officers failed to give my client a breath or blood test within the proper time frame. I also noticed other sloppy mistakes by the police during their investigation. After pointing out the problems I uncovered in the DA's case, I was able to convince the DA to offer my client a 96 hour jail sentence (the statutory minimum sentence for a second time DUI), with the statutory minimum fine. Even though my client had a long criminal history with numerous felony convictions and two prior strikes, he only ended up having to do 96 hours in a city jail of his choice. Prior to being retained, my client was told by his Public Defender that he should be prepared to do at least 6 months to one year in county jail because of the seriousness of his prior criminal history.

Long Beach Superior Court : Released From Jail

Client was on felony probation for receiving stolen property. He was originally ordered to complete 60 days Caltrans as part of his plea. For two years, Client failed to report to probation and failed to complete his community service. After numerous probation violations, the judge imposed a three year suspended prison sentence on Client, warning him that if he violates probation one more time, he will immediately go to prison for the maximum sentence of 3 years. [Normally if a Probationer violates his probation after the court imposed suspended prison sentence, a judge has no discretion to recall the sentence and must impose the full prison sentence.]

After the suspended prison sentence was imposed, Client was arrested on a probation violation for driving on a suspended license and for still failing to complete his community service. The Public Defender who initially represented Client coldly stated that there was nothing she could do for him because the law mandated he now serve the 3 year prison sentence that was previously imposed but suspended. Client was advised to notify his employer and family that he would soon be transferred from the local jail to the prison to serve out his 3 year sentence. As a full time employee and sole financial supporter of his 2 young children, wife and mother, Client could not afford to go to prison.

>In desperation, the family retained me as Client’s attorney. I immediately took charge of the case, compiled character references, work history and other documents to show the court that Client’s case had mitigating factors and the Court should make the unusual steps of reinstating probation and releasing client from jail. After lengthy negotiations with the court, and over the District Attorney’s persistent objections, the Judge agreed to give Client one more chance, releasing him back on probation. Instead of going to prison for 3 years, Client was immediately released from jail, placed back on probation, and ordered to complete 60 dates of community service.