Case Results and Success Stories

Life Case Reduced: Client was charged with PC 459/460 hot prowl (entering an occupied dwelling) after having two strike priors. The client was facing 35 years to life in State Prison.

Result: Mr. Flemming was able to show that the client was suffering from drug overdose and convinced DDA to accept the plea deal 3-year Stayed Sentence.

Life Sentence Robbery Beat: Client was charged with robbing a 7/11 after suffering two prior strike convictions. DA offered to settle the case for 25 years to Life, given the client’s third strike.

Result: Hung Jury at trial. Client pled guilty to 4 years in prison.

Manslaughter Dismissed at Preliminary Hearing: Client was charged with attempted murder during a domestic violence incident.

Result: At the Preliminary Hearing, Mr. Flemming put on evidence proving that the client did not possess the intent to kill his girlfriend, nor did he take a substantial step or act to commit murder. Client pled to PC 273.5, avoided a strike, and was sentenced to county jail.

Life Sentence Rape Charges Dismissed: Client charged with double rape, forced oral copulation, and kid nap to rape facing life in prison.

Result: At the Client’s Preliminary Examination, Mr. Flemming convinced Court to dismiss both Life top counts for Kidnap for Rape and Forced Oral Copulation Allegations.

NOT GUILTY AT TRIAL: Client facing 28 yrs to Life Beat at Trial for being a felon in possession of a firearm charged with pointing a gun in girlfriend's face and threatening to shoot her and a friend. When police arrived, the client barricaded himself in a home with a gun and had to be removed by a SWAT team.

Results: 180 Days in Jail for Possession of a Firearm as Felon.

Reckless Driving Causing Death Reduced: Client was charged with with PC 191.1 reckless driving causing death after crashing in East County with BAC (.16). DDA initially investigated the case as a murder.
Result: Mr. Flemming was able to disprove there was malicious intent and settle the case for 3y 4m prison.

Elder Abuse Causing Death: Client was charged with Elder Abuse causing Death. At Preliminary Examination, Mr. Flemming was able to show that the client did not cause death.

Result: Plea deal to Elder Abuse reducible to misdemeanor after 1 year of probation

Hot Prowl Reduced: Client was charged with residential burglary of an occupied dwelling (hot prowl) and had previously suffered two strike priors. After meeting with my client, my investigator and I went to the scene of the alleged crime.

Result: Our Defense Team was able to prove that Client was heavily intoxicated and mistakenly went into his neighbor’s house, which just so happened to look identical to his own home. Plead guilty to Trespassing and was sentenced to 90 days in Residential Rehabilitation.

Elder Abuse Causing Death: Client was charged with causing the death of an elder.
Result: Mr. Flemming was able to show that the client wasn’t the sole cause of death and ushered a plea deal where Client was sentenced to 5 years in a State medical hospital

Joy Riding Case Dismissed: Client was charged with VC 10851 driving a stolen vehicle.

Result: Case dismissed

Robbery Charge Reduced: Client charged with PC 211 strike case

Result: reduced to PC 487(c) at Preliminary Examination

Court Reduced Felony Assault: Client charged with PC 245

Result: Reduced to misdemeanor PC 417 at Preliminary Examination

Strike Reduced: Client charged with PC 245(a)(1) strike

Result: dismissed client ultimately pled to PC 166 violating a restraining order.

Residential Burglary Reduced Avoiding Prison: Client was charged with Hot Prowl Residential Burglary after attempting to enter the victim’s window.

Result: Mr. Flemming showed that the client was experiencing drug-induced hallucinations and the client pled trespassing inpatient rehabilitation

Felony DV Case Reduced: Client charged with PC 245 (a) (1) strike

Result: After review of the case, the client pleaded to PC 242 misdemeanor upon proof DVRP

Gang Case Reduced: Client charged with PC 29800 for felon gang member in possession of a firearm.

Result: Convinced Deputy District Attorney to agree to 365 days in jail to avoid mandatory State prison.

Strike Case Reduced Helping Client Avoid Prison: Client charged with PC 245 with GBI and Knife allegation after stabbing alleged victim in a bar fight.

Result: Client pled to 245(a)(4) non-strike and avoided state prison.

Domestic Violence Case Dismissed: Client was charged with Domestic Violence. Investigated case and presented findings to the District Attorney’s Office.
Result: Case Dismissed.

Shooting Case Dismissed: Client was charged with allegedly shooting another homeless man in a neighboring homeless encampment in the face with an air rifle. Client and his support network insisted it wasn’t him. Investigation revealed that the client was not the shooter.

Result: Mr. Flemming informed the DA of exculpatory evidence, the client was released, and the case was dismissed.

Domestic Violence Strike Case Reduced to Misdemeanor: Client charged with Felony PC 245(a)(1) as DV assault with a deadly weapon

Result: Mr. Flemming negotiated PC 245(a)(4) as a misdemeanor, no DV, as we showed DDA that the family code does not include in-laws.

Felony Stalking Case Dismissed: Client was charged with stalking his ex-wife after being released from prison for similar conduct. The government initially offered 6 years in State Prison the maximum charge, plus the Government insisted that our client admit his strike.

Result: After an extensive investigation, Mr. Flemming was able to get the case dismissed.

Burglary Charges Reduced Avoiding Prison: Client charged with PC 459 was reduced to PC 487.
Results: Stayed sentence with rehab program to avoid Prison despite client’s lengthy prison record.

Avoided Prison and Deportation: Client was charged with with VC 20001(a) with GBI.

Result: Mr. Flemming was able to get the Judge to dismiss the Great Bodily Injury allegations that made these charges a strike offense. Result: 180 days via work furlough

Reduced Felony DV to a misdemeanor: Client charged with PC422, PC236/237, and PC 166. At PE, Mr. Flemming got PC 422 and PC 166 dismissed.

Result: Client pled guilty to PC 166, violating a restraining order, and was given CFTS and summary probation.

Stolen Vehicle Case Dismissed: Client was charged with VC10851 and HS11377 (Fentanyl).

Result: VC10851 charges dismissed, and Client pled to HS11377 possession of a controlled substance.

Not Guilty at Trial: Client charged with stealing vehicle

Result: Mr. Flemming proved to the jury that the client did not steal the car; instead, the victim allowed the client to use the car and reported it stolen because the victim owed more money on the car than it was worth.