The Law Office Of Peter Fitzpatrick
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Case Results

Case Results

I cannot guarantee the outcome of a particular matter. My successful record of representation, as partially set forth below, illustrates my unyielding commitment to excellence in advocating my clients’ causes. These results further illustrate my dedication and commitment to each and every client, the successful results I have repeatedly obtained, and what my primary goal as your advocate would be for your cause; excellence in representation and the very best possible result. Each cause is different; some benefit from going to jury trial, some from pretrial strategy and negotiations. I am experienced and successful at both. The following cases illustrate both approaches. To protect the privacy of my clients I list my prior advocacy without using their names.


Homicide

People v. an Individual (S.F. Superior Court #2333993). Client was accused of premeditated murder; to wit: the shooting death of one victim; and assault with a deadly weapon; to wit: the shooting of another victim. Two witnesses, with minutes of the shooting, identified Client as the shooter. Client was found in the vicinity of the murder weapon with gun shot residue on his hand. Client, without testifying, was acquitted of all charges by jury.

People v. an Individual (S.F. Superior Court # 2121128). Client was accused of premeditated murder, to wit: stabbing her boyfriend to death in front of a witness during an argument. Client’s case, without her testifying, was dismissed by the Hon. D. Hitchens after the prosecution’s evidence was cross examined at preliminary hearing because she couldn’t find the prosecution’s witnesses credible.

People v. an Individual (S.F. Superior Court# 2181002). Client was accused of premeditated murder, to wit: stabbing the victim 61 times. The victim was found underneath the trades mans entrance of clients building. She had been stabbed 61 times. DNA evidence linked Client to the victim. Client, without testifying, was acquitted by jury of the premeditated stabbing death of the victim.


Attempted Homicide

People v. an Individual (S.F. Superior Court#2411866) Client was accused of attempted premeditated murder, to wit: attempting to kill his girlfriends ex-boyfriend by shooting him through the neck. Client was confronted by the victim as he was entering his girlfriends apartment early one morning. Client left, returned later that morning to visit his girlfriend and was confronted again by victim. Client shot victim one time though hs neck. Client, without testifying, was acquitted of all charges by jury who found he acted in lawful self-defense.

People v. an Individual (S.F. Superior Court#2032524) Client was accused of attempted premeditated murder, to wit: shooting approximately four times at the complaining witness as he was inside of and leaving her home. This was a self-defense claim and, without client testifying, settled for a misdemeanor negligent discharge of a firearm, with no jail time, after preliminary hearing before trial.

People v. an Individual (S.F. Superior Court# 2161912) Client was accused of attempted premeditated murder, to wit: without provocation, and from behind, slitting the complaining witness’s neck from side to side. Client had a prior conviction for voluntary manslaughter. This settled, without client testifying, for a felony assault with a deadly weapon for three years in state prison after preliminary hearing before trial.

People v. an Individual (S.F. Superior Court# 2388932) Client was accused of attempted premeditated murder, to wit: shooting at two complaining witnesses. One of the complaining witnesses was struck four times in the stomach. Prior to being represented by counsel, Client confessed to the shooting stating repeatedly “I am just mad as hell I didn’t kill them”. This was a self defense claim and settled, without Client’s testifying, for a felon in possession of a firearm, a paper commitment for 16 months state prison after preliminary hearing before trial.


Vehicular Manslaughter

People v. an Individual. Client was charged with vehicular manslaughter, to wit: negligently operating a motor vehicle causing the death of a infant in a cross walk. Client was accused of, hours after failing her driving test at the DMV, running a red light and making an unsafe turn causing the death of an infant who was being pushed through a crosswalk in a stroller by his mother. Client, after testifying, was acquitted by jury of all charges.


Dismissal of a Grand Jury Indictment

People v. an Individual ( S.F. Superior Court #2127994) Client, a former San Francisco Health Commissioner, was indicted for intentionally infecting his former partner with the HIV virus. A common law motion to dismiss to dismiss the indictment and a statutory motion to dismiss the indictment were filed on Client’s behalf and said motions were granted. The case was dismissed and not refilled.


Dismissal After Pretrial Motion

Result: DISMISSED: Government v. an Individual. Client, who was on probation, was walking down the street when detained by undercover narcotics officers who believed she fit the profile of a person an informant had identified as carrying narcotics. A motion to suppress the evidence was denied by the magistrate at preliminary hearing. A statutory motion to dismiss the information, in that it was based upon an illegal search and seizure, was brought before trial, granted, the matter was DISMISSED and the motion to revoke her probation was taken off calendar.

Result: DISMISSED: Government v. an Individual. Client, who was on probation, was observed via closed circuit t.v. engaging in what was deemed suspicious behavior in the lobby of a hotel. Hotel security called the police and undercover narcotics officers arrived and searched the hotel room that client was in. Narcotics were found within the room. A motion to suppress the evidence was brought at preliminary hearing, said motion was granted on the grounds that the officers acted illegally in their detention of client and search of the room, the matter DISMISSED and the motion to revoke his probation was taken off calendar.

Result: DISMISSED: Government v. an Individual. Client’s home was searched by undercover narcotics officers who found an automatic weapon and narcotics within it. A motion to suppress the evidence was brought after preliminary hearing but before trial. Said motion was granted on the grounds that the officers acted illegally in their search and the matter was DISMISSED.

Result: DISMISSED: Government v. an Individual. Client’s home was searched pursuant to search warrant based upon information obtained from a confidential informant. Narcotics and ammunition were discovered within the home. A motion to reveal the identity of the confidential informant was brought, granted, and the prosecution DISMISSED the case rather than reveal the identity of the informant.

Result: DISMISSED: Government v. an Individual. Client was present in a home during the execution of a search warrant which was based upon information obtained from a confidential informant. Narcotics and materials to facilitate the sale of narcotics were found during the search. Client was charged with possession for sale of narcotics and maintaining a residence were narcotics were used and sold. A motion to reveal the identity of the confidential informant was brought, granted, and the prosecution DISMISSED the case rather than reveal the identity of the informant.


Three Strikes

People v. an Individual (S.F. Superior Court# 2106003) Client was accused of the strong arm robbery of a woman at a gas station. The complaining witness had at a cold show and at preliminary hearing identified Client as her robber. Client had two prior strikes. Without Client testifying this matter was dismissed after preliminary hearing before trial.

People v. an Individual (S.F. Superior Court 2365208) Client was charged with choking his wife with force likely to commit great bodily injury. Without client testifying, this matter settled for a misdemeanor 245 (a)(1)/credit for time served after preliminary hearing before trial.


Concealed Weapon and Narcotics

Result: DISMISSED: Client was driving and pulled over for traffic infractions. Upon contact Officer smelled marijuana. Client admitted passenger had smoked a “blunt” earlier. Car was searched and over 2 lbs of Marijuana plus a stolen gun were found in vehicle. Case was DISMISSED prior to preliminary hearing.


Robbery

People v. an Individual (S.F. Superior Court) Client was charged with strong arm robbery, auto theft, and receiving stolen property. Within hours of a complaining witness being robbed of her purse, and later of her vehicle, as she returned to her Portrero Hill district home early one morning she identified Client as her robber. Client was apprehended driving her stolen car with some of her personal property in his possession. Client confessed to robbing her and taking her car. After jury trial in which the simultaneous defenses of false identification and false confession were presented to the jury, Client was acquitted by jury of all charges.

People v. an Individual (MCN 2353276) Client was accused by a complaining witness and a percipient witness of robbing, with a gun, the complaining witness as she was entering her vehicle on the way to work. This robbery was allegedly on-viewed by the percipient witness (complaining witness’s neighbor and a pastor). Client was arrested within fifteen minutes of the incident, several blocks away from the incident. After days of deliberation a jury was unable to reach a verdict and the court declared the trial was a mistrial. The District Attorney’s Office dismissed the cause rather than retry the case.


Sex Crimes

People v. an Individual. Client was charged with forced sodomy. After extensive investigation the matter was dismissed before preliminary hearing.

People v. an Individual (MCN 2358833) Client was charged with

People v. an Individual (S.F. SUPERIOR COURT # 2033373) Client was accused of having sexual relations with his eight year old step daughter. This matter settled for a misdemeanor, credit for time served after preliminary hearing before trial.

People v. an Individual (MCN 2388932) Client was charged with the sexual molestation of a minor. Client had prior sex offense which called for a life sentence if convicted of the charges. As opposed to risking a life sentence, the Client chose to accept a resolution which called for a plea to a sexual battery for a paper commitment to state prison after preliminary hearing before trial.

People v. an Individual (S.F. SUPERIOR COURT # 2164600) Client was accused of continuous sexual abuse of his four year old great niece. Client chose to accept a resolution which called for a sexual battey for three years state prison This matter settled for a Felony 243.4/3yrs SP after preliminary hearing before trial.

People v. Rivera (S.F. SUPERIOR COURT # 2070857) Client was accused of six counts of lewd acts with a child under the age of 14. This matter settled for a felony 261.5(a)/2yrs SP after preliminary hearing before trial.


D.U.I. (Driving Under the Influence)

Result: ACQUITTAL: Government v. an Individual. Client was accused of driving under the influence of marijuana. Client, stopped for a traffic violation, with the smell of marijuana lingering within the vehicle admitted to smoking marijuana moments before the traffic stop. Client, without testifying, was ACQUITTED by jury of all charges.

Result: DISMISSED: Government v. an Individual. Client was observed weaving within her lane after 2:00 a.m. Client submitted to Field Sobriety Tests but would not give the officers a breath or blood sample (client lost her license for a year for said refusal). Without client testifying, jury after days of deliberation was hung 11-1 for acquittal. The prosecution DISMISSED the case rather than retrying the case.

Contact

Law Office Of Peter Fitzpatrick
1000 Brannan St., Suite 304
San Francisco, CA 94103
Primary: (415) 484-1270
E-mail: Peter@paflaw.com

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