| Thursday, March 11, 2010 | |
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Client was charged with sale and possession for sale of 5 pounds of methamphetamine, thus facing a potential 19 years in prison because of the weight enhancement. Case was resolved with probation and one year in the county jail [see copy minute order]. Client, a medical doctor, was charged with bribery of a police officer. The charge was dismissed after five days of community service. Doctor kept his medical license. [see copy of minute order] Defendant, a successful businessman and a non-citizen, arrested with four ounces of cocaine in the center console of his car, along with a scale. If convicted of possession for sale of cocaine he would be deported, plus the prosecutor wanted two years in state prison. After over a year of negotiations, prosecutor agreed to let defendant plead guilty to transportation of cocaine, which avoids deportation, plus spend a few nights in a private jail. Non-citizen client convicted of Assault with a Deadly Weapon in 1982. Married with two children and living a quiet, law-abiding life, INS discovered the conviction and sought to deport him as an Aggravated Felon. Mr. Fenster successfully vacated the conviction, and INS is now history. Defendant charged with felon in possession of a gun. Probation had terminated on the prior felony in 2006. After defendant's arrest on the gun charge, Mr. Fenster went to the judge on the prior felony and had the felony reduced to a misdemeanor, effective 2006. The district attorney on the new charge was very upset, but who cares...since the prior felony was now reduced to a misdemeanor effective before the new case, the new case was dismissed. Philippino immigrant, married with three American children, facing deportation because of conviction for assault with intent to commit great bodily injury. Conviction vacated, client is now able to stay in the US. for the rest of his life. Successfully vacated three felony convictions for Iranian businessman,
thus helping him avoid deportation. ![]()
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