Latest Victories

COMMENTS
Judge Lance Ito, judge to the O.J. Simpson Trial, was recorded saying this about Barry Bernstein, "Mr. Bernstein is an excellent attorney and he has done some excellent work in this courtroom before, Mr. X (Unmentioned Client), so your family might want to do what is necessary to retain him, because he is a real fighter." For more information regarding this case see the L.A. Times article here.

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Domestic Violence: Ventura:

Client, a former Navy seal, was accused of striking his wife to the floor during a violent argument, all witnessed by wife’s brother. Mr. Bernstein prepared the matter for jury trial with a defense predicated on the fact that there was a child custody dispute; wife had just given birth to their child a few months before the incident, and wife was using this incident to refuse client visitation in retaliation for client breaking up with her. Wife had also filed a prior domestic violence complaint against a former boyfriend. The boyfriend was prepared to testify that it was done in retaliation for breaking up with her. The trial judge, in his wisdom, decided to exclude both the child custody dispute and the prior “false” domestic violence complaint’s issues, the witness in those regards and further bared Mr. Bernstein from cross examining the wife about them or mentioning them to the jury in any regards. The only defense tool Mr. Bernstein had was his “limited” cross examination of both the wife and the wife’s brother. The jury deliberated for 45 minutes before reaching a NOT GUILTY verdict on all counts.

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Murder, Attempted Murder: Compton:

Client, accused of being a Crip gang member, was alleged to have initiated a confrontation and then fight with some alleged Blood gang members (they denied their gang membership both to the police and at trial). Client had acknowledged to police that there was a confrontation and blows were exchanged but denied being the initiator of the event. The confrontation was witnessed by the alleged Blood gang member’s girl friends, who along with the surviving victims were trial witnesses against client. They testified that client “banged on them” and started it all. Client was further accused, by the witnesses, of calling to other Crip gang members to come help him in the fight and to bring “the gun”. Other gang members ran over with a gun and one of the alleged Blood gang members was shot dead and another grazed by a bullet. Client facing 25 years to life for the murder plus an additional 25 years to life for the gun enhancement, plus gang enhancements, (even though it was alleged that he did not shoot, the gang enhancement made him responsible for the gun time if the jury found that a gun was used to cause injury or death) plus 25 to life for the attempted murder and an additional 25 years to life for the gun enhancement. Total mandatory time, if convicted, 100 years to life. Mid trial, after Mr. Bernstein had cross examined all of the victims and their girl friend witnesses’, the DDA offered to the client that if he took responsibility for the events and cooperated with the DDA and police he could plead guilty to one count of voluntary manslaughter and be sentenced to the high term of 11 years. All other charges would be dismissed. Client immediately accepted the plea bargain. He is now cooperating with the DDA and police as regards the remaining co-defendants in the case.

SEX CRIMES

Pomona: Client was accused by 9 year old step-daughter of continuous sexual abuse since she was 7 years old including oral and anal copulation and oral copulation of his 4 year old son. The effect of conviction of the 8 sex crime charges would have resulted in a "DIE IN PRISON" sentence. Mr. Bernstein personally defended Client in a Jury Trial that resulted in "NOT GUILTY" verdicts on ALL of the sex crime charges.

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RAPE

Los Angeles ; client was accused of luring a naive young girl (19) to his apartment and then forcibly raping her. She notified authorities right after and had a complete rape kit work up done at County/USC rape treatment center The County's forensic sexual assault expert ( multi-years experience doing forensic sexual assault examinations and documentation and multi-thousands of victims evaluated) testified that vaginal exam was consistent with forcible, non-consensual sex ( vaginal area had visible sub-coetaneous hemorrhaging and bruising - the jury was shown full color 10X video of these "injuries".) Client admitted to the police that her allegations that she had been in his apartment were true. Client denied having sex with her to the police. Charges: Count 1., forced oral copulation, Count 2., rape. Settlement offer: State Prison, maximum 10 years, register for life-time as a sex offender. Jury trial results: Ct.1., forced oral copulation: NOT GUILTY, Ct.2., rape: NOT GUILTY.

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INSURANCE FRAUD

Los Angeles : client, a Chiropractor, was accused of
being involved in a staged accident insurance fraud ring. The ring had been infiltrated by the Department of Insurance who had an undercover officer on the inside. A staged collision occurred that was monitored and documented by the Department of Insurance and the California Highway Patrol. The Department of Insurance undercover officer, supposedly "soft-tissue" injured in the staged collision, went to the Chiropractor client for "treatment". At the only visit the officer had with the client the officer secretly audio taped client during office visit sign-up procedures. Insurance company subsequently billed for over 40 office visit/treatments. Officer testified that he never received any treatments. Some of the co-defendants co-operated with the authorities and provided information. Client accepted responsibility for insurance fraud, Sentence: 6 mos. home detention, electronic monitoring.

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RAPE
Riverside: Client, U.S. Army, Staff Sergeant, was accused of using his position as a recruitment officer to get a young female recruitment candidate in compromising circumstances and then forcing her to have non-consensual sex. Charges: Rape. If convicted client faced State Prison commitment and life-time registration as a sex offender. During development of the case, pre-trial newspaper publicity brought forth additional witness that assisted prosecutor's assertions. Settlement: accepted
responsibility for one count of sexual battery, this is NOT a sex offender registration offense.

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CIVIL; WRONGFUL DEATH
Riverside: A San Diego law firm asked me to assist them and be the jury trial attorney for a wrongful death case they had to try involving the tragic death of an 8 year old girl that occurred after her Uncle's car, she was a passenger, hit a puddle of water on the road after a rain storm and flipped over. The Coroner's report and the Count's forensic expert all asserted that she was NOT wearing a seat belt at the time of the accident. The defendant was the County of Riverside and it was alleged that the County should have put up a sign warning of the flooded road condition. The County has certain statutory immunities, all of which they asserted, which they felt protected them from responsibility, plus, they asserted that the accident was the Uncle's fault. The Uncle was not a helpful witness and was at that time in Prison for parole violations concerning drug usage. Of further difficulty was the unfortunate reality that in California, unless the parents actual witness the accident, they have no damage rights for emotional distress or grieving. Their damages, if in fact they are entitled to any, is limited to the value of the lost of care, comfort, love and companionship. During the second day of trial, after I had given the jury my opening statement, the County offered $150,000.00 and the clients accepted.

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BATTERY
Los Angeles: client was accused of getting into a fight in a parking lot and injuring attendant. Client bailed out, retained the Law offices, we then advised both the Police and the District Attorney's office of our representation, at which time the decided that the case was not sufficiently strong enough to take to trial against me and they chose not to file. Case: DISMISSED.

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WHITE COLLAR FRAUD
Riverside: Client was accused in Federal Court of running a Ponzi scheme that took down over $20 MILLION DOLLARS from in excess of 600 victims. Client had an extensive prior fraud conviction history. Client accepted responsibility and 6 years Federal custody.

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EMBEZZLEMENT
Riverside: Client, a Riverside County employee, was accused by the County of embezzling in excess of $55,000 from the County. As this was being prosecuted by the County in their Court system and they were pissed with the client, her prior attorney had only been able to get a 3 year State Prison offer. Client had made damaging admissions. Case settled: 6 months home detention, electronic monitoring.

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EMBEZZLEMENT
Beverly Hills: Client, NOT an American citizen, was accused of embezzling in excess of $40,000 from the Doctor's office where she was working as a receptionist/assistant. The Doctor's patients checks were deposited directly into her personal checking account. Case settled: misdemeanor ( our office directed her to an Immigration Law Specialist who then assisted us in ascertaining the type of pleas that would not affect her immigration status), probation.

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MURDER
Salinas: Client was accused of shooting at two unarmed brothers who were walking home about a block from where the client was hanging with his "homies". Gang and gun allegations were charged along with one count of Murder and one count of attempted Murder. The older brother seeing the client pointing the gun at them threw his body in front of his younger brother and took a fatal shot from a 40 mm Glock. Numerous shots were fired by client. Client gave a full video taped confession and wrote a letter of apology to the victim's family. His "homies" all co-operated with the police and gave statements that corroborated his confession. Client facing die in prison term in excess of 90 years to Life. Case settled: client pled to 18-Life term, parole eligible after 85% of the 18 years is completed.

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MURDER
Los Angeles: Client was accused or 1st. degree (deliberate, premeditated) Murder plus gun enhancement. Mandatory sentence, if convicted, 50 years-Life. Client gave 4 video taped statements/confessions wherein she admitted that victim husband had been out all night and that she suspected he had been cheating on her as this had happened in the past. Further, that she had been walking the floors all night with the household 9 mm. pistol in her hand and that when he did finally come home that next morning and got out of the shower ( she thought he was washing the scent of the other woman off of him) she shot him fatally once in the head. I was able to develop the defense of accidental shooting sufficiently to convince the District Attorneys office to accept a plea to involuntary manslaughter, Sentence: 6 years.

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ATTEMPTED MURDER
Ventura: Client charged with driving car during gang drive-by shooting where on person was shot and two others were shot at. Great bodily injury, gang and gun enhancement plus multiple attempted murder counts had client facing DIE in Prison sentence potential. The District Attorneys office, in what the other Defendant's attorney felt was strictly for the purpose of getting Mr. Bernstein out of the trial, offered the client the opportunity to plead guilty to PC 32, being an accessory after the fact, credit for time served awaiting trial, immediate release. Client not required to co-operate, testify or assist police in any way. Client accepted.

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ROBBERY
Los Angeles: Client, represented by a Public Defender was convicted of numerous armed robbery counts and 3 strike enhancements. The client's family hired Mr. Bernstein to prepare and present a motion for new trial. That was done and it was denied and the client was sentenced to 70 years-Life in prison. The Court of Appeals disagreed with the trial court and reversed on the basis that the Public Defenders office , as had been asserted by Mr. Bernstein in the motion for new trial, was ineffective in its representation of the client and that Mr. Bernstein's motion for new trial should have been granted. At the new trial, when the District Attorney's office was made aware of the fact that Mr. Bernstein would now be the trial counsel for the new trial, the District Attorney's office dismissed all charges and the client was immediately released. This one made the front pages of the L.A. Times.  

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ATTEMPTED MURDER
Van Nuys: Client was charged with four separate charges of attempted murder involving four separate victims and four gun enhancements. Client facing total time charges of 160 years-Life, essentially "DIE IN PRISON". On day the trial was to start the Deputy D.A., not wanting to try the case against Mr. Bernstein, offered a resolution where Client accepted responsibility for one count of unlawful discharge of a firearm from a vehicle and 5 years State Prison at 1/2 time off for good behavior and approximately 1 year accumulated time credits. The Client accepted. Client is expected to do approximately 18 months additional time.

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EXPLOSIVES
Lancaster: Client charged with unlawful possession of explosive devices. Conviction would result in Mandatory State Prison as the only allowed Judicial sentence. D.D.A. not wanting to try the case against Mr. Bernstein, allowed Client to accept responsibility for illegal possession of fireworks, an infraction. Client accepted and paid fine of $200.00