Law Offices of Rodney Nosratabadi

I avoided lifetime sex offender registration – K.M.C.

wpadmin — Sun, 13 Nov 2011 21:50:10 +0000

I was accused of sexual battery and charged with violation of California Penal Code 243.4. I was taken to jail and bail was set at an outrageous amount. My family retained Mr. Nosratabadi to represent me. Two days after I was taken into custody, Mr. Nosratabadi argued for a lower bail amount, and I was able to bail out at $25,000. Mr. Nosratabadi asked me to be patient. We hired an investigator and reviewed all of the alleged victim’s statements. Mr. Nosratabadi found so many inconsistancies within those statements that the felony charges were dismissed at the next Court Hearing, and I only had to plead to a misdemeanor battery charge. I did no jail time and I avoided lifetime sex offender registration.

K.M.C.

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Drug Possession – A.T.C.

wpadmin — Mon, 11 Oct 2010 03:07:03 +0000

“Thanks to Mr. Nosratabadi, I did no jail time.”

“I was on felony probation for possession of methamphetamines and was caught for possession of methamphetamines again two years later. My previous attorney told me that the court had offered me 180 days in county jail. I retained the Law Office of Rodney Nosratabadi and he filed a motion to suppress evidence because the search was not legal. Mr. Nosratabadi conducted a rigorous cross-examination of the Police Officer that arrested me. I was impressed with all the inconsistencies that Mr. Nosratabadi brought about after during the cop’s testimony. After reviewing both testimony and videotapes at the hearing, the judge yelled at the District Attorney demanding an explanation as to why the case was even filed against me. He immediately granted Mr. Nosratabadi’s motion to suppress and the case was dismissed. But, I was still facing a probation violation. Thanks to Mr. Nosratabadi, I did no jail time. I did a 30 day stay at a local residential rehabilitation program. Thank you Mr. Nosratabadi.”

A.T.C.

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I avoided lifetime sex offender registration – K.M.C. I was accused of sexual battery and charged with violation of California Penal Code 243.4. I was taken to jail and bail was set at an outrageous amount. ...
Domestic Violence Case – P.B., San Bernardino, CA "My case was dismissed on the first day of trial." "I got into a fight with my girlfriend and was arrested for domestic violence. I spent two days in ...

Sexual Offense – E.J.C., Fullerton, CA

wpadmin — Mon, 11 Oct 2010 03:05:15 +0000

“Almost two weeks later, my case was dismissed. Thanks Mr. Nosratabadi.”

“The cops told me that I was being investigated for having unlawful sex with a minor. I immediately contacted Mr. Nosratabadi. He told me to keep quiet. He also told me that the cops could possibly take me into custody soon. I retained Mr. Nosratabadi to represent me. He called the police and arranged an informal surrender. He also asked the police to release me on my own recognizance (O.R.), but they didn’t. The next day, we appeared in court for my arraignment and Mr. Nosratabadi convinced the judge to release me on my own recognizance. Mr. Nosratabadi then reviewed the police report with me that day and advised me not to waive time. Almost two weeks later, my case was dismissed. Thanks Mr. Nosratabadi.”

E.J.C.
Fullerton, CA

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Domestic Violence Case – P.B., San Bernardino, CA

wpadmin — Mon, 11 Oct 2010 03:03:19 +0000

“My case was dismissed on the first day of trial.”

“I got into a fight with my girlfriend and was arrested for domestic violence. I spent two days in jail. I was then released and retained Mr. Nosratabadi’s services. The San Bernardino District Attorney wanted to give me 60 days in jail. Mr. Nosratabadi advised me that I had a great case and recommended going to trial. He obtained statements from everyone that was involved in the incident and forwarded this information to the District Attorney’s Office. My case was dismissed on the first day of trial.”

P.B.
San Bernardino, CA

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DUI Case – C.L., Orange County

wpadmin — Mon, 11 Oct 2010 03:02:17 +0000

“…Mr. Nosratabadi shared the results with the District Attorney’s Office and his case was dismissed.”

“My son was involved in an accident that almost killed him. To add insult to injury, he was charged with driving under the influence in juvenile court. When I sat down with Rodney Nosratabadi, he made me feel more comfortable about the proceedings. He visited my son at the hospital and told him about what could happen to his case. A week later, my son was discharged from the hospital. The next day, we all appeared in Orange County Juvenile Delinquency Court. I was afraid that my son would be taken into custody that day, but Rodney Nosratabadi made a great pitch to keep him out of Juvenile Hall. Mr. Nosratabadi suggested that we retest my son’s blood sample. After 30 days, Mr. Nosratabadi shared the results with the District Attorney’s Office and his case was dismissed.”

C.L.
Orange County, CA

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I avoided lifetime sex offender registration – K.M.C. I was accused of sexual battery and charged with violation of California Penal Code 243.4. I was taken to jail and bail was set at an outrageous amount. ...

DUI Cases – G.S., Los Angeles

wpadmin — Mon, 11 Oct 2010 03:01:22 +0000

“…he got me an offer with no jail time.”

“I was charged with driving under the influence of a controlled substance. I went into court by myself and the District Attorney offered me 90 days in Los Angeles County Jail. I was terrified. I contact Rodney Nosratabadi and he walked me through all the scenarios. I retained his offices and he got me an offer with no jail time.”

G.S.
Los Angeles, CA

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Waiving Wiretap Challenges, Corpus Delicti For Uncharged Crimes

wpadmin — Mon, 06 Sep 2010 22:05:34 +0000

These guys called some buddies to retaliate against some men. Oopsie, the feds were listening in on a wiretap. The existence of the wiretap was disclosed. And the defense moved to suppress, challenging the sufficiency of the wiretap application. That’s all well and good, but there were many other violations of the wiretap procedure. But the defense didn’t specifically object to these other violations. The Court of Appeals finds that failure to object to all the other violations waived these issues for appeal. When you actually find out that a wiretap was used, you’ve got to go through all the wiretap procedural rules very carefully, and object to every violation of them. Second issue: The corpus delicti rule used to bar admission of a confession absent independent evidence that a crime occurred. The Supremes held that this aspect of the corpus rule was abrogated by Prop. 8, way back when. (Alvarez, 27 C4th 1161.) What’s left is a rule of sufficiency: a conviction is insufficient as a matter of law if it’s based solely on a confession without independent evidence that a crime occurred. Does the corpus rule apply to uncharged crimes otherwise admissible against a defendant? There’s some law supporting the conclusion that the corpus rule does apply to uncharged crimes. (See, e.g., Robertson, 33 C3d 21; Williams, 44 C3d 883.) There’s some law to the contrary, and this Court of Appeals agrees with that law. They hold that a confession without a corpus is admissible to prove an uncharged crime. People v. Davis; 2008 DJ DAR 17295; DJ, 11/21/08; C/A 3rd.

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Calcrim On Imperfect Defense Of Others

wpadmin — Mon, 06 Sep 2010 22:04:39 +0000

Imperfect defense of others reduces a murder to a voluntary manslaughter. (See Randle, 35 C4th 987.) The defendant here complained that the CALCRIM on this point never tells the jury that imperfect defense of others eliminates malice. The Court of Appeals rejects this claim, saying that the instruction, taken as a whole, makes this clear, and that there is no magic to actually using the term “malice” in the instruction itself. People v. Genovese; 2008 DJ DAR 17365; DJ, 11/25/08; C/A 3rd.

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Primary Caregiver For The Medical Marijuana Defense

wpadmin — Mon, 06 Sep 2010 22:04:05 +0000

This is a medical marijuana case. Primary caregivers are immune from state prosecution for possessing or cultivating marijuana. But who is a primary caregiver? The California Supreme Court here hold that supplying marijuana and instructing on its use, and otherwise only sporadically taking some patients to medical appointments is not enough. The California Supreme Court says that you have to be a caregiver at or before the time marijuana got involved in order to qualify. People v. Mentch; 2008 DJ DAR 17357; DJ, 11/25/08; Cal. Supreme Ct.

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No Crime? No Problem

wpadmin — Mon, 06 Sep 2010 22:03:18 +0000

This is a weird one. The defendant is walking down the middle of the street, minding his own business. The police try to detain him for violation of a Sacramento city ordinance requiring that pedestrians walk on sidewalks. The def. runs away. The defendant is charged with resisting an executive officer in the performance of his duties. They don’t actually say anywhere what code section this is; I presume it is PC 69.

The Court of Appeals finds that the Sacramento ordinance is preempted by state law, so the defendant wasn’t violating any law. Defense wins, right? Of course not. They say that the defendant’s decision to flee dissipated the taint from the illegality, so suppression of the police observations is not appropriate. I think this is wrong, but something bothers me more. PC 69 requires that a defendant resist an officer in the performance of his duties. How is the defendant’s conduct a violation of PC 69? The legality of the officer’s conduct is an element of the crime. (Manual G., 16 C4th 805.) Here, the def. pled (?), so I suppose that’s why this Court of Appeals doesn’t actually note that there’s no crime here. People v. Cox; 2008 DJ DAR 17321; DJ, 11/21/08; C/A 3rd

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