Plea Bargaining in California - Alan Fester - Beverly Hills Criminal Defense Lawyers

Plea Bargaining

PLEA BARGAINING

Even the most famous of criminal lawyers can lose a trial from time to time. Mark Garagos, the well-known Los Angeles criminal defense attorney and media personality, lost the Scott Peterson murder trial, and the Winona Ryder petty theft trial, to name but a couple. So when you are looking for a lawyer to defend against criminal charges, it is important to hire someone who knows how to negotiate the best possible outcome for your particular circumstance, as well as being a strong advocate in the event you must go to trial.

I would like to provide an example of successful plea bargaining involving one of my clients. The young man became involved in an argument with several other young men in a parking lot one early morning. Harsh words were spoken and the client pulled out a BB gun and fired several pellets into the chest of one of his antagonists. The victim almost passed out from fear, but suffered only minor abrasions. The client jumped in his car and sped away, but eventually the police apprehended him and he was charged with Assault with a Dangerous Weapon and Assault with Intent to Commit Great Bodily Injury.

The client's father, a very wealthy man, hired a well-known criminal lawyer in Los Angeles for a hefty sum of money. The lawyer worked out a deal where the client would plead guilty to the Great Bodily Injury charge, and would be placed on three years felony probation with 30 days of Caltrans. At the end of probation the charge could be reduced to a misdemeanor. Not a bad deal, but the father didn't think it was good enough and eventually came to me.

Based on my review of the situation I found that there were many mitigating factors in the client's background which were not originally known to the District Attorney. I caused a Private Probation Report to be prepared which included many letters of good character, a psychological profile, and other relevant information. The court room prosecutor would not budge off the offer made to the prior lawyer, despite the new information. I ended up going to the supervising prosecutor in the district where the case was set, a prosecutor I knew and with whom I had a very good relationship. After further negotiation, we reached a disposition for a misdemeanor battery charge with some community service. The client and his father were, of course, ecstatic.

Obviously a good working relationship with the prosecutor's office can be very important in reaching a successful plea bargain; thorough investigation and preparation are also very important elements in achieving a desired outcome. And never overlook the value of persistence. This website contains numerous examples of the efficacy of utilizing such techniques in the criminal arena. [see attached court docket]

Most Famous Case

Mr. Fenster gets results: his diligence, winning attitude, and constant search for that legal needle in a haystack mean free clients, many of whom would be behind bars without his help. Most importantly, although his formidable legal strength is apparent to anyone in the court, his clients see beneath the courtroom show, to an incredibly driven, hardworking man, who puts in the long hours and does whatever it takes, not just to get the job done, but to do the right thing for those he defends.

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9777 Wilshire Blvd.
Suite 900
Beverly Hills, CA 90212
Phone: (310) 273-3661 Fax: (310) 273-1931

If you need to go to trial we are experts at winning cases.

If you need to plead guilty, we will get you the best deal.

Key Practice Areas

Client charged with Sale and Possession for Sale of Marijuana. Police officer testified that he observed a marijuana transaction on the sidewalk outside Client's home. The judge did not believe the officer and a Motion to Suppress Evidence was granted. All charges dismissed. [see Winning a Motion to Suppress Evidence]

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.
[see copy of minute order]

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.
[see copy of minute order]

Filipino 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.
[see copy of minute order]

Successfully vacated three felony convictions for Iranian businessman, thus helping him avoid deportation.
[copy of minute order]

Alan Fenster represents clients in Los Angeles, Beverly Hills, Santa Monica, Culver City, South Bay, Glendale, Pasadena, the San Fernando Valley, and elsewhere in California as needed.