[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.]
Client charged with 7 counts of residential burglary, all felony strike offenses. The offer was initially 4 years which would have to be served at 80 percent. When an additional burglary was discovered, the DA took 4 years off the table and client was facing even more prison time. Client was young and a methamphetamine addict. After getting her evaluated by a drug counselor and a psychologist, and negotiating with the District Attorney supervisor, Client received probation with one year in a live in drug program. This outcome was not only better for the client but for society as a whole.
Client charged with DUI and after all the evidence was subpoenaed it became obvious that client had a good "rising blood defense". After a real battle at the DMV and three hearings, DMV finally set aside the suspension. Client accepted a plea to a dry reckless with no class.
Client did poorly on field sobriety tests due to medical issues with her hip, blew a .090 and .088 at the station about 50 minutes after driving in an allegedly erratic manner (slight weaving and speeding). Video/audio of stop showed client telling officer “I’ve driven drunk so many times and you are pulling me over now, when I only had a few drinks?” Presented evidence at the DMV hearing that her alcohol level was rising, and she was therefore under the legal limit at the time of driving. DMV set aside the suspension. Client did not want to go to trial due to the expense but I was able to negotiate a dismissal of the DUI charges and she only had to plead no contest to “exhibition of speed”. Since there was no suspension of her license, no interlock required and no priorability issues for an exhibition of speed conviction, Client was able to keep her job, her driver’s license and prevent her criminal record from showing a DUI related conviction.
Client, a recovered alcoholic with 5 prior DUI conviction over the past 15 years and a prior hit and run committed while on probation for her last DUI, was arrested for committing another hit and run, this time causing the victim, a bycicalist, to suffer a fractured collar bone. Client was an older woman with health issues who was terrified of going to jail. Fought and won O.R. release by convincing judge to let client where a SCRAM bracelet. After a few months, I was able to convince the City Prosecutor to offer a misdemeanor sentence with informal probation, NO JAIL and just a few AA meetings.
Client was intoxicated and hit a parked car. Officer claimed he admonished her properly regarding the law that she must submit to a chemical test or else her license will be suspended for at least one year and failing or refusing to provide a test is a crime in itself. The truth is that the officer never told her these things. The officer was annoyed that client could not give a sufficient breath sample because her chest hurt from hitting the steering wheel. Cop accused her of “playing”. He threw her in jail and never advised her pursuant to Vehicle Code section 23612 that she must provide a blood test if she can’t give a breath test. At the DMV hearing client and officer testified. During cross examination of the officer, I was able to show he was lying in his report, he did not know what the proper admonishment was, he contradicted himself numerous times and appeared angry, and frustrated for having to appear at the hearing. The officer was rude and refused to answer some simple questions. The Hearing Officer determined the officer was lying, not credible and that my client was telling the truth. The suspension was “set aside” which means the DMV threw out the case. The court case is still pending but will likely resolve in a positive way.
Client, who was off his meds and was trying to get through a road block manned by several officers, blatently disobeyed an officer’s command to not pass through the street. Client did and was charged with a misdemeanor 148. After making an appointment with the supervising DA, the DA decided to dismiss the case. Client will now be able to continue with his dream of getting a job in the entertainment industry as an editor or production assistant.
Client was in a solo vehicle accident, causing injury to herself and was alleged to have been driving with a blood alcohol level of .20. The District Attorney’s Office waited 10 months to file the charges and by that time I discovered the blood sample had been destroyed. I wrote a motion to dismiss for a violation of my client’s Due Process Rights and her Speedy Trial Rights. I also argued in the motion that the destruction of evidence that resulted from the District Attorney’s negligence, resulted in the loss of material and potentially exculpatory evidence that prejudiced my client’s defense (“Trombetta-Hitch” motion). In addition, I filed a motion arguing the type of blood test administered at the hospital was not the kind of test normally performed on a DUI suspect and that test was not shown to be scientifically reliable (“Kelly-Frye” motion). On the day of trial, after numerous hearings, the District Attorney announced they were unable to proceed and all charges were dismissed. The DMV suspension was set-aside as well so the client did not suffer any suspension on her driver’s license.
My senior citizen client was in a minor altercation with a man at a party. The alleged victim’s friend, who never liked my client, called police and claimed my client pushed the victim, causing him to fall into a chair. My client claimed he did no such thing and that it was the victim who pushed my client, causing the client to push back in self defense. I spoke to an unbiased third party who was present at the time of the incident who corroborated client’s claims. I contacted the City Attorney’s Office and requested an “office hearing” prior to the arraignment date. After discussing the case with the City Prosecutor, the Prosecutor decided to not pursue charges.