Los Angeles Criminal Defense Attorney Vincent Howard recognizes that some attorneys can give bad legal advice. This is a job that requires attention the entire time, without exception.
When a person has been charged with a crime, whether it be murder in Los Angeles, a sex offense, robbery or even a DUI, there are many potential penalties in play, which means a person needs an advocate and someone who can provide strong criminal defense advice throughout the case.
In Ken. v. State, a court ruled that didn't happen. In fact, the advice was so poor it resulted in the man getting a new trial.
In 2009, the man faced charges of aggravated assault and attempted first-degree murder after a woman told police that a man had fired a gun at her, her son and her fiance in the parking lot of an apartment complex. After providing a description of the man and a license plate of the vehicle. The incident, which happened in July 2008, started when the couple pulled into a parking space aside the man's vehicle. After the fiance made a derogatory comment, words were exchanged. As they walked away, the man shot at them and fled.
Within 40 minutes, police in Utah stopped a similar vehicle and after searching the vehicle, found a semi-automatic handgun. Police questioned the passenger of the vehicle, who said she was sitting in the car when the incident happened. She told officers that she was listening to music and didn't hear a gunshot or any argument goign on outside of the vehicle. She told police she didn't know her boyfriend had a gun until she saw it after he got back into the vehicle.
According to court records, Ken spoke with police and said that he and his girlfriend were arguing in their car when he heard people in the truck that parked next to them yell and thought it was directed his way. He got out and fired a bullet into the sky. He then pointed his weapon at the man, but moved it to the side and fired again. The defendant then shot at the man, striking him. Police discovered two casings and bullet holes each after combing the area.
A day into trial, the man's lawyer discovered that the fiance had previously been convicted of battery a few months before the incident for picking a fight at a bar, which coincided with the self-defense theory. He asked to re-call the fiance because he had already testified. The court requested that a hearing take place.
After the state rested its case, the defense presented its case and then rested. The jury was removed and the judge asked lawyers if they wanted to re-call the fiance as a witness. But the lawyer told the judge it was too late to investigated the battery incident, even though the judge intended to allow the defense to bring the witness back into the courtroom for questioning.
The defense them reiterated that the case had already been rested. Los Angeles Criminal Defense Attorney Vincent Howard believes that this was a missed opportunity because the judge was offering the defense an opportunity to bring in that critical piece of evidence.
The jury returned a guilty verdict and the man was sentenced to life in prison for the attempted first-degree murder charge and a term of two to six years on aggravated assault. Seventeen days after the deadline for such a motion, the man's defense attorney filed a motion for judgment of acquittal, which was denied because of the missed deadline.
On appeal, based on these errors, the defendant was awarded a new trial on the charge of attempted first-degree murder. Los Angeles Criminal Defense Lawyer Vincent Howard sees this as a criminal justice system victory because while bad errors were made, the appeals process worked and the wrong was corrected.
If you or a loved one would like to speak to a criminal defense attorney in Los Angeles or in any of the surrounding areas, contact HOWARD LAW PC for a confidential appointment to discuss your rights. Call 1-800-872-5925.
