Recent Case Results: Pasadena Criminal Defense Lawyer Ann Gottesman
Please note: For confidentiality reasons specific details of the cases must be omitted to protect the identity of the Clients. While attorney Ann Gottesman is dedicated to achieving the best possible results for her clients, there is no guarantee that your case will result in a dismissal, charge reduction, DMV set-aside, acquittal, probation or no incarceration. The facts of each case are different and while Ann Gottesman has resolved many cases successfully no attorney can guarantee a result in a particular case. Call Ann for a free consultation to discuss the facts of your unique case.
2012
Pasadena Court: DUI Charges Dismissed & DMV Set Aside
Client was arrested for a first offense DUI misdemeanor and his breath test results indicated a BAC of a .09/.09 with a preliminary test result of .11/.11. After submitting subpoenas to obtain the video of the stop, accuracy checks and calibration records of the breath machine and other documents, I carefully analyzed the evidence. I discovered a discrepancy in an official document that the officer signed under penalty of perjury. (The document is called the DS367.) This discrepancy resulted in four (4) DMV hearings during which time three officers were cross examined by me. I uncovered some unethical behavior by the arresting officer which called into question the accuracy of key pieces of information, including the time of the stop. The time of the stop is crucial information in a DUI case because it is evidence of the time of driving, for which there must be some evidence, in order for the DMV to suspend the driver’s license. The time of driving is also important in the court case. After months of hearings and debate, the DMV finally “set aside” the case. (A “set aside” by the DMV means, in effect, that the DMV is dismissing the case and will not issue a suspension.) Then, based upon the officers’ testimony at the DMV hearings, which included the arresting officer’s admission that he signed falsely under penalty of perjury, the Pasadena City Prosecutor also agreed to do the right thing—dismiss all DUI charges against my client. Since my client won his case at the DMV as well as in court, he is no longer at risk of losing his license or having a DUI misdemeanor conviction on his record. This saved his job.
2012
W. Covina Superior Court: NOT GUILTY: Domestic Violence
My client was falsely accused of punching his ex girlfriend (mother of his 2 year old child) during a custody exchange. Just prior to the incident, the alleged victim had been fighting in family court to take away my client’s custody and visitation rights by claiming my client was a bad father, and verbally abusive. But the Judge was not buying this woman’s lies. So one day, during the exchange of the child, the alleged victim called police after she and my client had engaged in an argument. My client claimed he never struck or physically touched this woman. Although the alleged victim’s mother was present at the scene, she admitted she never saw my client punch her daughter. The police arrested my client and he was charged with a misdemeanor battery. If convicted of this offense, he would be at risk of losing all the visitation rights he had fought so hard to obtain in the family court. The alleged victim was known to be volatile, untruthful and had a history of making false accusations of violence against my client. I obtained transcripts from the family court which indicated that the alleged victim had a motive to lie and was angry that the judge in family court was not ruling in her favor. Also, there were no injuries to support the accusation that my client punched the alleged victim in her face above her eye. The prosecutor refused to drop the charges, however on the day trial was to begin, the prosecutor did offer to reduce the charge to an infraction. Adamant that he was innocent, my client refused to plead guilty to ANYTHING and exercised his constitutional rights to a trial. During trial, the alleged victim did not testify consistently and appeared arrogant. After only 45 minutes of deliberation, the jury returned with a unanimous verdict of NOT GUILTY. My client and his family were elated. Now he will be able to focus on being a good father for his son instead of defending himself against false accusations made by his ex-girlfriend.
2011
L.A. Superior Court: Felony Charge Amended: Probation
My client, who recently lost her job and had no prior criminal record, sadly turned to prostitution to support her two children who just began college. She rented an apartment and hired another woman to split the profits with her. The other woman was also working as a prostitute and would give my client some of the money she earned to pay the apartment bills and paid “referral” fees for the “Johns” that my client brought to the apartment. After a sting operation in which a police officer pretended to be a potential “John”, my client was charged with felony pimping under Penal Code section 266h(a). She confessed to the crime and the other woman also confessed and made incriminating statements against my client. Unfortunately, pimping carries a mandatory minimum prison sentence of 3 years and probation is not allowed. Throughout the arraignment, pretrial hearing and preliminary hearing, the DA’s offer was 3 years in state prison. After several weeks of gathering character letters and evidence to show the extreme mitigating factors surrounding my client’s life, and researching alternative charges that would allow probation, the District Attorney eventually agreed to amend the charge to conspiracy, which does allow probation. My client was able to avoid a mandatory minimum prison sentence and will serve approximately 30 days more in county jail, at which time she will be released.
2011
Pasadena Court: Misdemeanor Hit & Run Charges Dropped
My client was an older gentleman who had a prior misdemeanor hit and run from a year ago. He was charged with a second offense this year. The victim alleged my client side-swiped him and that my client left the scene without stopping to exchange his insurance information. A conviction for this offense would have resulted in the loss of my client’s driver’s license and a loss of his independence. The investigating officer did not handle the case in a professional manner and never took any photos of the victim’s vehicle. My client denied hitting the victim’s vehicle and not stopping. My client and I were ready to go to trial. However, after discussing the case with the city prosecutor, she decided to dismiss the misdemeanor hit and run charges and allow my client to plead to a regular infraction for improper lane change.
2011
Alhambra Court: DUI Dismissed: Factual Innocence Found
My unfortunate client was very intoxicated when he unknowingly confessed to a crime he did not commit. My client’s friend , who had a suspended license and 2 prior DUI convictions was driving my client’s car when he was involved in a minor collision. Although my client was the passenger, he was told by his “friend” that he, my client, was the one driving. The friend told the arriving officers that my client had been driving out of fear that he would end up with a 3rd DUI if he told the truth and admitted to being the real driver. Well, once my client agreed that he had been driving, the officer naturally believed my client was the driver and did not even suspect the friend. After my client sobered up and learned that he was wrongfully arrested and charged with a DUI when he was not even the driver, no one believed him. Luckily, text messages, phone records and witness statements all corroborated my client’s cries of innocence. The Supervising District Attorney was very fair and once she saw all the exculpatory evidence I had collected, she agreed to dismiss all the charges via a court finding of not guilty and stipulate that my client was factually innocent. Factual innocence is needed to seal an arrest record because a dismissal by itself will not get an arrest of a person’s criminal record. A not guilty finding or acquittal is needed to reverse a DMV suspension. The DMV was contacted and the DUI suspension that my client had received months earlier will soon be reversed.
2011
Pasadena Court: Domestic Violence Charges Dismissed
My client was alleged to have gotten in an argument with his girlfriend while under the influence of alcohol. The argument led to my client allegedly choking the victim, throwing her on the bed and hitting her. A conviction for this offense would have resulted in him losing his job and would have caused an obstacle to his ultimate goal of becoming an attorney. After negotiating with the city prosecutor I was able to obtain an offer that allowed my client to go to domestic battery classes for one year, after which time his plea would be withdrawn and the case dismissed.This is called “diversion”. Diversion is a great option (if the prosecutor agrees to it) in cases where the evidence against a defendant is strong and trial is not recommended, because it results in a full dismissal. The Defendant avoids a conviction and the arrest record gets permanently sealed.
2011
Los Angeles Superior Court: Acquitted of DUI Charges
My client was driving home with a friend from a restaurant where he admitted to consuming four beers over a three hour period. His preliminary alcohol screening test (“PAS) indicated a .09 BAC about 20 minutes after driving and an evidentiary breath test about 50 minutes after driving indicated a .10 BAC. The City Prosecutor refused to reduce or dismiss the DUI charges even though I was able to show the breath test machine was reading almost 10 percent high during the days surrounding the time my client took the breath test and that strong evidence supported a rising blood alcohol defense. We set the case for trial and presented a Toxicologist and eye witness testimony from the friend. The officer testified that my client exhibited physical signs of being intoxicated and that he did not perform the field sobriety tests satisfactorily. The jury came back with a unanimous verdict of NOT GUILTY on both DUI counts (VC 23152(a) and 23152(b). As a result of the acquittal, I was able to get the DMV to reverse a suspension that was unfairly imposed months earlier.
2011
Fontana Court: Felony Drugs (a LOT of drugs): Probation & No Jail
My client was stopped while driving a truck that was found to contain 1200 pounds of marijuana. This was a very serious charge due to the large amount of drugs. After a thorough investigation of the case and multiple discovery requests, I finally obtained the taped recording of my client’s alleged confession. It turned out the tape showed my client never said the incriminating statements that the officers claimed in the police report that they heard him say! The DA just assumed officers would not lie about such a thing, especially since the interview was recorded. After getting a transcript of the interview, the DA realized their case had serious problems. There was some other incriminating evidence against my client, but without the confession, the DA’s case was greatly weakened. My client did not want to go to trial and risk prison time, so I was able to get him NO JAIL offer with 3 years of probation. Since he was in the United States without any legal status, we knew that if he served any time in custody he would be at risk of immediate deportation and would be taken away from his wife and 6 year old daughter. He avoided deportation and did not do any time in jail. This case is an example of how important it is to obtain ALL of the discovery in a case and not assume anything that the police say is true without confirming it.
2011
West Covina Court: 5 Prior Strikes Dropped After DA Refused to Acknowledge Error
This was an interesting case. It is an example of how negligent the District Attorney’s Office can be. My client had a long criminal history spanning almost 30 years. Most of the convictions involved petty thefts and minor drug offenses. He also had some serious mental health issues. He was currently charged with resisting arrest and possession of methamphetamine for sale. He was initially represented by the public defender who told him he had FIVE prior strikes and the offer was 6 years (high term on count 2 doubled) and that the offer was “very fair” because the DA is willing to strike 4 of his prior strikes. The first day I visited my new client in jail he told me that there is some mistake and that he does not have 5 strikes. He complained that the public defender did not seem to believe him or listen to him. No one listened to this man because he was mentally ill and had a long criminal record. I decided to investigate his prior alleged strike convictions and as it turned out, the client was correct---he had only one prior strike and it was from 1993, NOT five! I was only able to prove the error by obtaining the plea transcripts in most of the old cases. In one of the cases where the DA alleged in the complaint as a strike prior, I learned that it was actually a co-defendant in that case who plead guilty to robbery, a strike, while my client ended up pleading to a reduced charge of petty theft. Unbelievably, there were three other cases in which the DA alleged strikes against my client in error. After several court appearances and a psychiatric evaluation, the errors were finally corrected and my client was offered a truly reasonable offer of 1 year in the county jail with 3 years probation.
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Our Practice Areas
Criminal Defense
DUI Defense
