Violent Crimes Defense Lawyer

VIOLENT CRIMES AND 3-STRIKES CASES

Hollywood , CA – ASSAULT ON POLICE OFFICER

Client accused of assault with a deadly weapon against members of LAPD’s Elite Metro Tactical Squad during a Hollywood punk- rock concert riot. He was accused of throwing a glass bottle at mounted police officer. The African American, 6’05" client was distinctly dressed and positively identified by 3 separate LAPD officers as the person who threw the bottle. 3 LAPD Arresting officers testified that client had resisted and attacked them during their attempt to arrest him and were forced to use batons to subdue him.

Client had no contrary eyewitness testimony and relied exclusively upon Mr. Bernstein’s ability to cross-examine the LAPD officers. After a 2 week trial, the jury (comprised of primarily San Fernando Valley white housewives), voted 9-3 for acquittal on the Assault charge and 5-7 for acquittal on the resisting arrest charge.

The judge in granting Mr. Bernstein’s request to dismiss the charges, commented that the prosecution, took their "best shot" against Barry Bernstein and if they could not convict the client under the circumstances with Barry Bernstein as his attorney, they never would with the publics positive view of Police Officers since Sept 11. The Charges were dismissed forever!

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Van Nuys , CA
THREE STRIKES

Client had two previous strikes. The third strike charge was possession of Nunchukas on the street which was plainly observed by passing gang-unit police officers. Because of clients extensive gang history and prior negative contacts with the police, the DA sought 25 years to life. Clients desperate family contacted Berry O. Bernstein.

Result: At the preliminary hearing, after putting forward an affirmative defense, Bernstein asked the court to reduce the charge from felony to misdemeanor status. The motion was granted, and the client immediately plead to the misdemeanor charge and received credit for time served and was immediately released that day.

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Ex-boyfriend Kidnapped Ex-Girlfriend and 2 four-year-old girls she was babysitting, at Gun Point. SWAT team was used to rescue one the girls. Client charged with 3 counts Felony Armed Kidnapping, Burglary, and Handgun Enhancement. Jury trial. Verdict: Not Guilty.

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Dismissals
Los Angeles CA

Vehicular Hit and Run,
Client was accused of hitting a parked car and then, while fleeing the scene of the car crash, crashing into a wall. Client was positively I.D.’d by the owner of the parked car and the owner of the wall. The Law Office had one of it’s top investigators immediately contact the owners of the parked car and the damaged wall, arrange for restitution, get restitution paid, and get releases signed. The case was DISMISSED at Client’s next Court date.

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San Pedro - CA
Burglary:

Mr. Bernstein’s Client and 3 of his friends were accused of doing a beer run burglary at a liquor store at 2 a.m. Another friend, also in the car, ran from the police and was not caught. Police saw car leave the liquor store parking lot and found the case of beer in the car after the arrest stop. Client was a student who had been accepted to West Point Academy and had been at a party celebrating this even just prior to the incident.

The arrest was on a Saturday night and school started on the following Monday. The plane tickets to school were for that Sunday night. Mr. Bernstein drafted the services of one of his best investigators and by Sunday noon had secured statements from 3 of the other 4 persons in the car exonerating the Client. The" friend" who was the runner was identified (everyone only knew his first name and had met him that night at the party for the first time) but never found. The surveillance video tape from the Liquor store, which showed the

Client never went into the store, was also secured. The Client was instructed by Mr. Bernstein to report to school on Monday morning. Mr. Bernstein was at the Prosecutor’s office at 8:15 a.m. that Monday morning. The case was DISMISSED. The Prosecutor’s office wrote a letter of apology to the Client, for the Client’s personal file, in case the fact that the Client had been arrested ever became an issue in the future.

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Fullerton , CA
Three-Strikes, :

Mr. Bernstein’s Client, a Los Angeles registered sex offender (P.C.290) was initially stopped in Orange County for flicking a lit cigarette from a car window. The Anaheim Police Office while issuing the citation discovered that Client had been staying in Orange County for more that 5 days without registering with the Local Police as required by Law. Failure to promptly register in a Felony.

Client had two prior sex crimes offenses, both were Strikes. Orange County filed 3-Strikes, DIE IN PRISON, charges against him. Client was at that time represented by the Public Defender. Client was able to get bailed out on $100,000 bail. Client immediately ran to Canada where he was caught. Client was extradited to Orange County and now faced 4-Strikes, jumping bail was another Felony. Client hired Mr. Bernstein who was able to have reason prevail after discussions of the case with the Court and the Prosecutor.

Everything was dismissed except the jumping bail and running away to Canada accusation and Client accepted I year local time for that disrespect to the Court System. With the time credits for the time served in Canada and during the extradition process and transport to Orange County the Client was released shortly thereafter. This case so far is the wackiest one this year.

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Hollywood , CA- CARJACKING
Client was a school friend of Barry Bernstein’s daughter. She was arrested in Las Vegas, Nevada and accused by LAPD of participating in a carjacking and assault. Client was driving the stolen carjacked vehicle at the time of her arrest.
Result: Barry Bernstein was successful in having her released to her mother’s custody in Las Vegas, and later returned to Los Angeles where Mr. Bernstein intervened with LAPD detectives and convinced them that the client was really a witness to the events, rather than a perpetrator. No charges were filed.

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Los Angeles , CA- CARJACKING
Client was arrested as a juvenile, but because of the severity of the charges, the client charged in adult court for robbery and carjacking.
Result: When Barry Bernstein represented him for the initial hearing, the DA reassessed the case and felt the charges were not strong enough to go to trial against Mr. Bernstein and all charges were dismissed and the client was released.

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Ventura , CA ROBBERY/ADW/DRUGS:
Client was charged with Robbery, Assault with a deadly Weapon and drug possession. Client was arrested and arraigned. After the DA was advised Bernstein was the lawyer, the case was reassessed. The DA found the case was not strong enough to pursue against Bernstein. The client was released.

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VEHICULAR MANSLAUGHTER
Client, a young woman student, was accused of vehicular manslaughter when the car she was driving struck a parked car killing a man who was sleeping inside it after she fell asleep at the wheel. It was 3 a.m. and she was going home from her boy friends house. Bernstein was successful in keeping charges from being filed after making his appearance known to the DA’s office. The DMV then took the case and revoked the clients’ drivers license for her reckless and deadly conduct. Result: Client was never charged with any crime. Bernstein fought the DMV’s revocation of her license and was successful after he filed an Administrative Writ of Mandamus in the Superior Court against the State of California. The Court granted the writ and the client obtained her drivers license back immediately.

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ARSON
Client was being accused of Burning down Mother-in-law's house. Retained Bernstein's office in advance of D.A. filing. After two years of work by this office, case was dropped entirely. Charges never filed.

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Settlements
Anaheim, CA
Bank Robbery,

Mr. Bernstein’s Client was accused of the armed take-over of a Bank of America branch office in Anaheim. There were multiple hostages (39) who eventually were rescued by Orange County Sheriff’s S.W.A.T. and the F.B.I. Special Assault Unit. The client was accused of firing his handgun during the event. The rescue was a national T.V. news event. Client faced DIE IN PRISON sentence. Mr. Bernstein felt that the Client’s actions were insane.

Client disputed this and refused to join Mr. Bernstein in entering a Not Guilty by Reason of Insanity plea to the Federal Court. Client felt his actions were justified; he had demanded that the President of the Bank of America issue a statement regarding the freeing of Viet-Nam, that the Bank also give $100,000 to a day care school he had worked at and also for $1620 cash to pay off his student loans.

He had fired his gun in the Bank so that they would know he was serious about his demands. Over the Government’s initial objections and over the Client’s initial objections, Mr. Bernstein was able to show that the Client was presently insane and that he was also insane at the time of the incident. The client was committed for treatment until his sanity was restored. The Medical diagnosis was that the Client was a previously un-diagnosed schizophrenic and after suitable treatment, approximately 6 months, his sanity was restored and the Client was released from the Federal Mental Institution where he was housed, back to his family, on probationary supervision.

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Ventura, CA- MAJOR ROBBERY:

Client was a Mexican gang member who led fellow gang members on a robbery spree. There were four separate armed robberies of multiple victims, at multiple locations, at different times in the same day. The client and his conspirators were positively identified by multiple victims. He was facing 3 strikes and life in prison.

Result: Bernstein successfully coordinated an 8-year deal for all of the charges, which was happily accepted by the client.

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Santa Ana, CA-
CHILD ENDANGERMENT:
Client accused of felony child endangerment when his minor child was injured after he crashed into several parked cars while intoxicated (blood alcohol .18)

Result: He happily plead to a simple DUI, plus parenting classes.

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Barstow, CA-
ARMED ROBBERY:
Client with 2 prior state prison sentences for armed robbery successfully holds up Zales jewelry store outside of Barstow, CA. The $600,000 of estimated stolen jewelry was never recovered. The client and 2 other co-defendants were captured during the flight from the robbery and identified by surveillance video tapes. Fingerprints and the clients jacket with a store receipt in the pocket made out to client were also recovered. The client was charged with armed robbery, two-victim kidnappings, and several gun enhancements; plus prior robbery conviction enhancements. He was facing multiple life terms.

Result: On the day of trial, Barry Bernstein coordinated an offer from the DA of 18 years at 85% time. The client accepted the plea and severed from the other defendants. It was definitely felt by the other two co-defendants attorneys whose clients subsequently received double life sentences plus 50 years; that Bernstein’s client was offered the deal to get Bernstein out of the trial.

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Westminster, CA – EXPLOSIVE DEVICES:
Client accused of spousal abuse, assault with a firearm, and possession of numerous explosive devices. (It should be noted that explosive device convictions are mandatory state prison).

Result: Barry Bernstein successfully negotiated a plea resulting in the client serving only 180 days of local jail time, with half time off for good behavior, client is expected to be home in less than 90 days.

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Pasadena , California- AGGRAVATED ASSAULT:
Client was charged with being a black gang member and in taking part in a concerted violent attack on a Mexican street vendor. The victim was struck in the head with a rock and had numerous items of property taken from him. The attack was video taped.

Result: Barry Bernstein successfully negotiated a resolution where the client plead to a misdemeanor assault, not a strike, and was released on probation. He received credit for time served and he was released. Served a total of 90 days in custody.

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Los Angeles , CA ROBBERY/FORGERY:
Client was charged with two separate crimes in two separate jurisdictions, one of 2 counts of robbery and the other one of 1 count of forgery plus probation violations. She was facing state prison in two separate jurisdictions when her family contacted Barry Bernstein to see what could be done.

Result: Client was released with credit for time served after promising to make restitution for the forgery. All other accusations were dismissed. Probation was reinstated.

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Van Nuys , CA THREE STRIKES:
Client had two previous violent strikes. The third strike charge was possession of Nunchukas on the street which was plainly observed by passing gang-unit police officers. Because of clients extensive gang history and prior negative contacts with the police, the DA refused to offer any deal and insisted on 3-striking the defendant. The DA sought 25 years to life. Clients desperate family contacted Barry Bernstein.

Result: At the Preliminary Hearing, after putting forward an affirmative defense including actual defense witnesses, Bernstein asked the court to reduce the charge from felony to misdemeanor status. The motion was granted, and the client immediately plead to the misdemeanor charge and received credit for time served and was immediately released that day.

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Los Angeles , CA - THREE STRIKES
Client charged with new robbery and new bank fraud case with old robbery prior. Facing 25 years-life. Bernstein got robbery case dismissed after investigation was able to get "victim" to tell true story. Bank fraud resolved at no time, client simply makes restitution, as financially able, while on probation.

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Client pulled T-shirt over his head as a disguise and robbed bartender and six patrons at gunpoint at local neighborhood bar of which he was a frequent patron, woman broke leg falling down stairs in fearful flight. Multi-counts Armed Robbery, great Bodily Injury, Handgun Enhancement. Plea bargain: 18 months.

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Client robbed elderly couple as they left ATM machine. Attempted to shoot male victim when he resisted, Confession Multi-Counts Felony Armed Robbery, Attempted Murder, Handgun Enhancement. Plea bargain: 3 years.

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Client burglarized homes to steal guns to sell to gang members, arrested by SWAT team and stolen guns recovered. Multiple Felony 1st degree Burglary counts. Plea bargain - probation.

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Client threatened motorist (who cut his car off) with Handgun. Felony Assault with a Deadly Weapon, Handgun Enhancement. Plea bargain-Probation.

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Heroin-addicted Client charged with Child Abuse and Assault with Deadly Weapon. Deal: No Jail Time, probation, and drug counseling.

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Client shot into car thinking it contained rival gang members, bullet destroyed seventeen-year-old's eye. Client facing 3 counts of Attempted Murder, Assault with a Deadly Weapon, great Bodily Injury, and Handgun Enhancement. Client facing Jail time of 15-20 years. Plea bargain: 3 years.

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