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Appellant's conviction for attempted murder is reversed and the matter is remanded to permit the People to retry the charge. In all other respects, the judgment of conviction is affirmed. People v. Jordan, No. B295816, 2022 WL 794887, at *20 (Cal. Ct. App. Mar. 16, 2022), as modified on denial of reh'g (Apr. 6, 2022), review denied (June 15, 2022)
The People charged Ralph Acero with rape and forcible oral copulation of his 19–year–old stepdaughter. The first trial resulted in a hung jury. In the second trial the jury convicted Acero of both counts and the court sentenced him to 14 years in prison. A combination of evidentiary errors requires us to reverse the convictions. People v. Acero, No. B249581, 2015 WL 1942718, at *1 (Cal. Ct. App. Apr. 29, 2015)
Conviction for sexual penetration with a foreign object reversed. People v. Castellanos, No. B290008, 2020 WL 5105108, at *18 (Cal. Ct. App. Aug. 31, 2020), review denied (Nov. 10, 2020)
People v. Rodriguez, No. F074741, 2018 Cal.App.Unpub. LEXIS 170 (Cal. Ct. App. Jan. 10, 2018)
We reverse as to one of the attempted forcible rape convictions and remand to the trial count to determine whether to strike count 4 or count 6. In all other respects the judgment is affirmed. People v. Medina, No. B287499, 2018 WL 5004159, at *1 (Cal. Ct. App. Oct. 16, 2018)
Appellant's conviction in count 2 for violating Penal Code section 288.5 is reversed, and his sentence of 15 years to life on count 2 is stricken. People v. Diaz, No. 2D CRIM. B276800, 2018 WL 947975, at *10 (Cal. Ct. App. Feb. 20, 2018)
Defendants were convicted Superior Court, Los Angeles County, No. TA142561, Sean D. Coen, J., of first degree murder, attempted willful, deliberate, and premeditated murder, and shooting at an occupied vehicle. Defendants appealed. Holdings: The Court of Appeal, Feuer, J., held that: 1 instruction on kill zone theory for establishing specific intent to kill required for conviction for attempted murder was not warranted, and 2 trial court's error in instructing jury on kill zone theory was not harmless. Affirmed in part; reversed and remanded in part. People v. Booker, 58 Cal. App. 5th 482, 272 Cal. Rptr. 3d 421 (2020), review denied (Feb. 24, 2021)
Defendant was convicted of knowingly importing cocaine. Defendant appealed. Holdings: The Court of Appeals held that: 1. statement made by defendant's wife in jail call with him was not admissible as an adoptive admission by defendant; 2. prosecutor made closing comments that were not supported by any evidence and misstated the evidence; and 3. Court of Appeals would not conduct harmless error review sua sponte. Us V. Sanchez-Soto (9th.Cir.2015) 617 Fed.Appx. 695
Background: After petitioner was adjudicated of violating prohibition against annoying or molesting a child and committed to Division of Juvenile Justice as a result of committing another non-sex crime, which required petitioner to register as sex offender upon his release, petitioner filed writ of mandate petition, requesting relief from mandatory sex offender registration. The Superior Court, Monterey County, Nos. M122167, J29777, Robert A. Burlison, J., denied relief. Petitioner appealed. Holding: The Court of Appeal, Premo, J., held that mandatory sex offender registration requirement violated petitioner's equal protection rights. Ruelas v. Superior Court, 182 Cal.Rptr.3d 795 (2015)
Jamaal Gaither appeals from the superior court's order denying his petition under Penal Code section 1170.951 to vacate his 2001 conviction for the second degree murder of Africa Sweeney. Gaither contends the trial court used the wrong standard at the hearing in denying his petition based on its conclusion that substantial evidence supported a finding Gaither could be convicted under current law. We join other appellate courts that have held the trial court must act not as a quasi-appellate court but rather as an independent trier of fact, who determines whether the People have proved—beyond a reasonable doubt—the petitioner is guilty under a theory that remains valid after the enactment of Senate Bill No. 1437. Because the record is unclear as to whether the trial court applied a substantial evidence standard or, acting as a finder of fact, applied the beyond a reasonable doubt standard, we reverse and remand. People v. Gaither, No. B307936, 2022 WL 167511, at *1 (Cal. Ct. App. Jan. 19, 2022)
Defendant was convicted, in the United States District Court for the Southern District of California, Roger T. Benitez, J., of importing cocaine and methamphetamine. Defendant appealed. Holdings: The Court of Appeals held that: 1. threshold findings were not made for admission, as nonhearsay adopted admission, of a statement that the defendant's daughter made during recorded jail call, and 2. the error was not harmless. Reversed and remanded. 659 Fed.Appx. 417, United States v. Nevarez, 659 F. App'x 417 (9th Cir. 2016)
Appellants Tony Smith and Kevin Black were convicted of second degree murder based in large part on video surveillance footage. After the verdict, counsel for all parties discovered the jury had viewed evidence never admitted at trial. Accordingly, we reverse the judgment. People v. Smith, No. B286716, 2019 WL 4051844, at *1 (Cal. Ct. App. Aug. 28, 2019)
Dion Williams appeals after being convicted by a jury, asserting as the only ground of error that a portion of his sentence is improper under Penal Code section 667.5, subdivision (b). Respondent agrees, The true finding is reversed. The juvenile court is directed to dismiss the petition. We reverse and remand for resentencing. People v. Williams, No. B296796, 2020 WL 880868, at *1 (Cal. Ct. App. Feb. 24, 2020)
Defendant Michael Richard Roddy appeals from the denial of his petition for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. In 2009, Roddy pled guilty to second degree burglary after he attempted to purchase a cup of coffee at a Starbucks with counterfeit currency. In June 2015, Roddy applied to have his felony conviction designated a misdemeanor under Penal Code section 459.5 (shoplifting), which was enacted pursuant to Proposition 47.1 The trial court denied the petition on the ground that Roddy had entered the Starbucks with the intent to commit forgery, not the intent to commit larceny, as section 459.5 requires. We conclude that Roddy is entitled to relief under Proposition 47, and thus we reverse. People v. Roddy, No. B264891, 2016 WL 6301195, at *1 (Cal. Ct. App. Oct. 27, 2016)
A jury convicted defendant and appellant Jesse Alderete of possession of a controlled substance while armed, possession of a firearm by a felon, and unlawful possession of ammunition. Griego contends he received ineffective assistance of counsel and improper gang evidence was presented to the jury. He also urges us to strike an enhancement for a prior drug conviction. We agree Griego received ineffective assistance of counsel and reverse the judgment on that basis. People v. Griego, No. B283947, 2018 WL 4659620, at *1 (Cal. Ct. App. Sept. 28, 2018)
Defendant Tony Bernard Madison appeals the denial of his petition for resentencing pursuant to Proposition 47, enacted by voters in the General Election in November 2014. Respondent agrees the trial court denied the petition under the wrong provision, as do we. We reverse. People v. Madison, No. B272005, 2016 WL 6610284, at *1 (Cal. Ct. App. Nov. 9, 2016)
People v. Hunt, No. C084821, 2019 WL 1373527 (Cal. Ct. App. Mar. 27, 2019)
Toreano Josephus Browning (Browning) appeals the revocation of his probation. Browning contends that the court abused its discretion because the evidence does not establish that he violated the terms of his probation by willfully failing to complete various conditions, such as attend an anger management class and perform community service, in a timely manner. We agree with Browning. No deadlines for the relevant terms and conditions of his probation were provided by the court or Browning's probation officer. Accordingly, we reverse and remand with instructions for the court to reinstate Browning's probation and also amend the terms and conditions of that probation by adding definite and reasonable deadlines for completion of the relevant terms and conditions. People v. Browning, No. B261077, 2015 WL 7424137, at *1 (Cal. Ct. App. Nov. 23, 2015)
We reverse the failure to appear conviction. People v. Carter, No. C083541, 2018 WL 3639894, at *1 (Cal. Ct. App. Aug. 1, 2018)
We reverse the failure to appear conviction. People v. Carter, No. C083541, 2018 WL 3639894, at *1 (Cal. Ct. App. Aug. 1, 2018)
Toreano Josephus Browning (Browning) appeals the revocation of his probation. Browning contends that the court abused its discretion because the evidence does not establish that he violated the terms of his probation by willfully failing to complete various conditions, such as attend an anger management class and perform community service, in a timely manner. We agree with Browning. No deadlines for the relevant terms and conditions of his probation were provided by the court or Browning's probation officer. Accordingly, we reverse and remand with instructions for the court to reinstate Browning's probation and also amend the terms and conditions of that probation by adding definite and reasonable deadlines for completion of the relevant terms and conditions. People v. Browning, No. B261077, 2015 WL 7424137, at *1 (Cal. Ct. App. Nov. 23, 2015)
People v. Hunt, No. C084821, 2019 WL 1373527 (Cal. Ct. App. Mar. 27, 2019)
Defendant Tony Bernard Madison appeals the denial of his petition for resentencing pursuant to Proposition 47, enacted by voters in the General Election in November 2014. Respondent agrees the trial court denied the petition under the wrong provision, as do we. We reverse. People v. Madison, No. B272005, 2016 WL 6610284, at *1 (Cal. Ct. App. Nov. 9, 2016)
A jury convicted defendant and appellant Jesse Alderete of possession of a controlled substance while armed, possession of a firearm by a felon, and unlawful possession of ammunition. Griego contends he received ineffective assistance of counsel and improper gang evidence was presented to the jury. He also urges us to strike an enhancement for a prior drug conviction. We agree Griego received ineffective assistance of counsel and reverse the judgment on that basis. People v. Griego, No. B283947, 2018 WL 4659620, at *1 (Cal. Ct. App. Sept. 28, 2018)
Defendant Michael Richard Roddy appeals from the denial of his petition for resentencing under Proposition 47, the Safe Neighborhoods and Schools Act. In 2009, Roddy pled guilty to second degree burglary after he attempted to purchase a cup of coffee at a Starbucks with counterfeit currency. In June 2015, Roddy applied to have his felony conviction designated a misdemeanor under Penal Code section 459.5 (shoplifting), which was enacted pursuant to Proposition 47.1 The trial court denied the petition on the ground that Roddy had entered the Starbucks with the intent to commit forgery, not the intent to commit larceny, as section 459.5 requires. We conclude that Roddy is entitled to relief under Proposition 47, and thus we reverse. People v. Roddy, No. B264891, 2016 WL 6301195, at *1 (Cal. Ct. App. Oct. 27, 2016)
Dion Williams appeals after being convicted by a jury, asserting as the only ground of error that a portion of his sentence is improper under Penal Code section 667.5, subdivision (b). Respondent agrees, The true finding is reversed. The juvenile court is directed to dismiss the petition. We reverse and remand for resentencing. People v. Williams, No. B296796, 2020 WL 880868, at *1 (Cal. Ct. App. Feb. 24, 2020)
Appellants Tony Smith and Kevin Black were convicted of second degree murder based in large part on video surveillance footage. After the verdict, counsel for all parties discovered the jury had viewed evidence never admitted at trial. Accordingly, we reverse the judgment. People v. Smith, No. B286716, 2019 WL 4051844, at *1 (Cal. Ct. App. Aug. 28, 2019)
Defendant was convicted, in the United States District Court for the Southern District of California, Roger T. Benitez, J., of importing cocaine and methamphetamine. Defendant appealed. Holdings: The Court of Appeals held that: 1. threshold findings were not made for admission, as nonhearsay adopted admission, of a statement that the defendant's daughter made during recorded jail call, and 2. the error was not harmless. Reversed and remanded. 659 Fed.Appx. 417, United States v. Nevarez, 659 F. App'x 417 (9th Cir. 2016)
Jamaal Gaither appeals from the superior court's order denying his petition under Penal Code section 1170.951 to vacate his 2001 conviction for the second degree murder of Africa Sweeney. Gaither contends the trial court used the wrong standard at the hearing in denying his petition based on its conclusion that substantial evidence supported a finding Gaither could be convicted under current law. We join other appellate courts that have held the trial court must act not as a quasi-appellate court but rather as an independent trier of fact, who determines whether the People have proved—beyond a reasonable doubt—the petitioner is guilty under a theory that remains valid after the enactment of Senate Bill No. 1437. Because the record is unclear as to whether the trial court applied a substantial evidence standard or, acting as a finder of fact, applied the beyond a reasonable doubt standard, we reverse and remand. People v. Gaither, No. B307936, 2022 WL 167511, at *1 (Cal. Ct. App. Jan. 19, 2022)
Background: After petitioner was adjudicated of violating prohibition against annoying or molesting a child and committed to Division of Juvenile Justice as a result of committing another non-sex crime, which required petitioner to register as sex offender upon his release, petitioner filed writ of mandate petition, requesting relief from mandatory sex offender registration. The Superior Court, Monterey County, Nos. M122167, J29777, Robert A. Burlison, J., denied relief. Petitioner appealed. Holding: The Court of Appeal, Premo, J., held that mandatory sex offender registration requirement violated petitioner's equal protection rights. Ruelas v. Superior Court, 182 Cal.Rptr.3d 795 (2015)
Defendant was convicted of knowingly importing cocaine. Defendant appealed. Holdings: The Court of Appeals held that: 1. statement made by defendant's wife in jail call with him was not admissible as an adoptive admission by defendant; 2. prosecutor made closing comments that were not supported by any evidence and misstated the evidence; and 3. Court of Appeals would not conduct harmless error review sua sponte. Us V. Sanchez-Soto (9th.Cir.2015) 617 Fed.Appx. 695
Defendants were convicted Superior Court, Los Angeles County, No. TA142561, Sean D. Coen, J., of first degree murder, attempted willful, deliberate, and premeditated murder, and shooting at an occupied vehicle. Defendants appealed. Holdings: The Court of Appeal, Feuer, J., held that: 1 instruction on kill zone theory for establishing specific intent to kill required for conviction for attempted murder was not warranted, and 2 trial court's error in instructing jury on kill zone theory was not harmless. Affirmed in part; reversed and remanded in part. People v. Booker, 58 Cal. App. 5th 482, 272 Cal. Rptr. 3d 421 (2020), review denied (Feb. 24, 2021)
Appellant's conviction in count 2 for violating Penal Code section 288.5 is reversed, and his sentence of 15 years to life on count 2 is stricken. People v. Diaz, No. 2D CRIM. B276800, 2018 WL 947975, at *10 (Cal. Ct. App. Feb. 20, 2018)
We reverse as to one of the attempted forcible rape convictions and remand to the trial count to determine whether to strike count 4 or count 6. In all other respects the judgment is affirmed. People v. Medina, No. B287499, 2018 WL 5004159, at *1 (Cal. Ct. App. Oct. 16, 2018)
People v. Rodriguez, No. F074741, 2018 Cal.App.Unpub. LEXIS 170 (Cal. Ct. App. Jan. 10, 2018)
Conviction for sexual penetration with a foreign object reversed. People v. Castellanos, No. B290008, 2020 WL 5105108, at *18 (Cal. Ct. App. Aug. 31, 2020), review denied (Nov. 10, 2020)
The People charged Ralph Acero with rape and forcible oral copulation of his 19–year–old stepdaughter. The first trial resulted in a hung jury. In the second trial the jury convicted Acero of both counts and the court sentenced him to 14 years in prison. A combination of evidentiary errors requires us to reverse the convictions. People v. Acero, No. B249581, 2015 WL 1942718, at *1 (Cal. Ct. App. Apr. 29, 2015)
Appellant's conviction for attempted murder is reversed and the matter is remanded to permit the People to retry the charge. In all other respects, the judgment of conviction is affirmed. People v. Jordan, No. B295816, 2022 WL 794887, at *20 (Cal. Ct. App. Mar. 16, 2022), as modified on denial of reh'g (Apr. 6, 2022), review denied (June 15, 2022)
“I had the pleasure of meeting William Daley of Innocence legal Team after a family member was convicted of Rape. We needed someone with experience in appeals. It's been a long ride but Mr Daley did this and i the end he was able to get a rape conviction REVERSED.
Not sure how my family can show William Daley or The Innocence Legal Team how glad we were to meet them in our desperate time of need. When we came upon a problem that involved one of our family members in a case of He Said / She Said we did not know what to do or who to turn to. Not ever having to deal with this kind of matter we knew time was of the essence. I put in 3 call to different law firms most of them let you hear only what would make you happy and that did dot comfort me. One firm stood out and this was the Innocence Legal Team . William Daley and his co worker helped me understand what was happening and what was to come good and bad, he explained to me that this was gonna be a bumpy ride . He gave me a time frame and pretty much went by the timeline except for when courts need more time . We were on schedule every step of the way. This helped my family member in trouble feel a lot better knowing someone like William and his team were on his side. when given quote for his services that is what i paid at the end (no hidden{newline} fees at the end) they were even kind enough to help me with payment so that I could be able to help out my family member. He promised to keep me informed of what was going on and this he did. I or my family never had to chase him for answers. I would recommend William Daley and The Innocence Legal Team I would not hesitate to recommend him to anyone. ”
“I have known Mr. Daley for over two decades. I was in need of an exceptional attorney to assist me in my growing law offices. He was very forthright and advised me that he had a disciplinary action against him. I took my time in reviewing all of the underlying documents of the disciplinary action before I decided whether or not to hire him.
First, there was no malpractice on the part of Mr. Daley. His reputation is sterling on his legal abilities.
Secondly, the cause of his problem was intermingled with his former employer's business model. The employer was an out of state attorney that was not licensed in the state of California but ran a national legal organization or referral business. The issue was whether the out of state lawyer had been aided in "practicing law without a license". Mr. Daley had been referred an appeals case from this out of state attorney. When the client did not pay, Mr. Daley was instructed to not begin the work. The giving of this instruction to Mr. Daley to not commence the work was held to be practicing of law in the State of California. In another incident the employer took a client's money and when the client left, the employer did not return the money. None of the money was ever received by Mr. Daley.
Mr. Daley was a reputable attorney with no legal malpractice incidents. He had the misfortune to work for a "law firm" whose business model was the source of the problems.
The firm he now works for is the "Innocence Legal Team". It is not a national firm and does not work on a referral model. It is sad to see such a good lawyer soiled by the conduct of the former employer. He has a lot to give, is a highly qualified attorney, and I find his personal conduct is above reproach.
I hired Mr. Daley and have not been disappointed!
I hired Mr. Daley based on the quality of his work and his personal integrity. He has worked for me since 2009 and I am proud of the work he has done. ”
“Mr Daley represented me in a California 290 sex offender registration problem. I was cited for not properly registering. Mr. Daley was able to present enough information and evidence to the judge in pre-trial that the DA dismissed the case. It was clear Mr. Daley knew the law much better than the Assistant DA and the police. I am continuing to use him and his firm in future actions.”
“This is review for Mr. Daley my attorney of almost 3 years who helped me deal with a very serious false accusation that had me potentially losing my Medical License and facing jail/fines and my whole life. From the moment I hired Mr. Daley he worked tirelessly for my defense, winning at every hurdle in this ugly battle. He got a felony reduced to a misdemeanor and then won a two-week trial by jury for a final verdict of NOT GUILTY! His knowledge of the law and support that he receives from the Innocence Law Firm enabled him to win this case based on facts/law and dispel the false accusations thrown at me. I highly recommend hiring Mr. Daley if you are ever put in a situation like I was, he saved my life, and allowed me to continue my career and take care of wife and kids. ”
“My case was quite unique as there was virtually no case law relating to my situation. Mr. Daley was in constant communication with me in regards to the approach we had to take in order to resolve my issue. He explained to me in detail every aspect of what had to be done, how it would be done and other avenues we may have had to take if our initial case argument wasn't given merit through the case law available at the time. Mr. Daley did an outstanding job of finding pertinent case law that pertained to my situation and was proficient in representing me in court. The outcome was favorable for us and I can not thank him enough for his hard work.
I found Mr. Daley to be honest, communicative and extremely capable in his profession. I have dealt with several other attorneys who were unwilling or unable to provide the same high level standard I expect and received from Mr. Daley. His integrity is beyond reproach based on my experience with him. Mr. Daley has a genuine desire to help and defend people with his legal expertise. When things got stressful, confusing or didn't go as planned (rescheduled court dates, etc....) he took the time to sit down in person or over the phone with me and my family and calm us all down. ”
“Thank you very much for providing this office with the relevant code sections and case law to support the information we requested. The information you provided was directly on point and very helpful to support our position in the Motion we intend to file on behalf of our client. [par.] Should this office come across any clients in the need of the services of an appellate attorney, we will refer them to you. Again, thank you for your time and help.”
“The committee would like to commend you on your exemplary work in this case. The petition for a writ of habeas corpus in which you interviewed expert witnesses and prepared and submitted declarations supporting an argument that your client received ineffective assistance from his trial counsel was excellent.”
“Your treatment of the subjective/objective distinction is a superior piece of legal argument and indeed quite a scholarly accomplishment as well, It’s as good as anything I’ve seen on this subject. I could steal it for my casebook.”
“David Carico has been my research attorney since September 1983. I have come to know him very well, professionally and personally, and give him my highest recommendation. [par.] Mr. Carico is an excellently qualified attorney. He analyzes exceedingly complex legal issues, structures his thoughts in an orderly fashion, and effectively communicates his ideas. His written and oral presentations are superior. ”
Not Guilty Verdict on all 16 counts of Child Molest Charges, each carries a sentence of 15 or 25 years to Life
In 2013, I was falsely accused of child molest and the overly zealous DA office filed 16 charges on me. Each carried a 15 or 25 years to life sentence. At first I was in denial and thought since I did not do anything wrong, these charges would just go away. Wow, was I wrong! The DA did not do any real investigation and focused their efforts in working with the accusers to convict me. Due to the social stigma regarding these allegations, the rule “Innocent until proven guilty” goes out the window. I realized I was in deep trouble and needed a real expert on this type of allegations to win back my freedom.
Through extensive researches and books, I found Mr. Clancy whose firm is the only one that specializes in Sex Crime Allegation Defense and has been doing nothing else but that for almost 40 years. He and his team listened to me carefully to understand my case and took necessary immediate actions to avoid further damage. He then expertly developed a strategy on how to win my case and diligently carried it out with his team step by step.
His confident demeanor and special talent in connecting and building rapport with the Judge and Jurors in the court room ultimately resulted in my Not Guilty verdict on all 16 charges. Thank you, Mr. Clancy, for fighting hard for my freedom and dignity.
Patrick Clancy saved my life and my career. I am a teacher and Patrick Clancy successfully defended me against allegations by eight of my elementary school pupils…First, I hired the best local criminal law attorney in Stockton, California [who] put me under extreme pressure to take a deal…Before I was sentenced I went to see Patrick Clancy, an expert in child molestation allegation defenses. In fifteen minutes he laid out the strategy to win the case. He called what had happened to me “group hysteria”. My case had the same issues as the famous “McMartin” case…Patrick Clancy saved my life and my career. He is truly the best.
Youth Soccer Coach Found Not Guilty of Child Molestation. At 26 years old I had been a youth soccer coach for over 8 years and had trained over 2000 soccer players without a single complaint. Out of nowhere I was accused of molestation by a 10 year old soccer player I had taught for only two days…Mr. Clancy’s team carefully investigated my case and found that the student who accused me quit a soccer team the prior [and was] picked last each day for the scrimmages. The younger children did not even sit with her during breaks. Mr. Clancy explained to the jury that this child wanted out of doing the soccer camp because she was humiliated by being rejected and felt inferior. For the first time I understood what motivated this student to do what she did. The jury returned a verdict in 1 ½ hours. I now understand the importance of a strategy and proper investigation. Everyone else had missed it.
I don't think another attorney would have been able to expose the truth like Mr. Clancy did. I was a 20 year well respected police officer…ex-wife, who wanted to return to live in her native Brazil with our children. The false allegations involved my own preciouschildren..Mr. Clancy is…a specialist/expert in defending people accused of sex crimes, especially child sexual molestation. He has an enormous amount of trial experience and truly knows that many people are falsely accused. He has dedicated his life to help people accused of such horrific allegations. Mr. Clancy only retains the most renowned experts in child psychiatry and in the medical field to fight for your defense. Even if you truly are an innocent person, there is still a high probability you can be wrongly convicted. You will be in for the fight of your life. Mr. Clancy saved my life, and I'm forever grateful. I don't think another attorney would have been able to expose the truth like Mr. Clancy did in my case.
He Never gave up and gave us Hope. I was charged with two felonies counts Federal Court based upon this one photograph…I [had] installed spyware on [my daughter’s] smartphone [which] sent…reports to my smartphone. I found out she was pretending to be an 18-year-old…sending inappropriate photos of herself to adult males…I destroyed her smartphone in front of her eyes. She was totally mad. My Smartphone was in the custody of California Law Enforcement. I…was about to go to trial without my corroborating evidence (the spyware email reports)…I was offered credit for time served…I was released from Federal Prison and was immediately transported to the California…to stand trial for child molestation carrying a potential life sentence…My wife found Patrick Clancy who…immediately got my cell phone and had it analyzed. He was the first in eight attorneys that did his job. Mr. Clancy attacked the plea bargain [and] showed the spyware to the jury…Without the evidence that the judge had sanitized out we were only able to hang the jury…On the day of the start of the second trial the case was dismissed…[Patrick Clancy] never gave up and that gave us hope. We highly recommend him.
I am a Medical Doctor. Patrick Clancy successfully defended me against an allegation of sexual battery by a patient.
I knew I needed an attorney that was an expert in the defense of sexual allegations. If I lost, I would lose my medical license and my career would be ruined. Mr. Clancy’s office was two and half hours away. He was not a local attorney. There were a lot of political issues with the Sheriff’s department at that time that were mixed up in my case. He handled the local political issues with finesse. His defense won not only the case but also the hearts of the jurors. After the trial the women members of the jury became my new patients. I owe him my life and my career. He is a true expert that will fight with all of his heart.”
A Lawyer who will Fight. My child's chronic illness and consequent missed school dates led to a declaration of truancy, and my arrest for "Contributing to the Delinquency of a Minor." As another reviewer has pointed out, presumption of innocence goes out the window in these situations, and there is no limit to the amount of confirmation bias that zealous 'protectors of children' are willing to pile on.
Fortunately, our child's endocrinologist stood firm in his diagnosis, and his explanation of the disabilities that followed from it. Unfortunately, the interviewing police officer did not like the doctor's testimony, and filed a report with fabricated testimony that was damning in its claims.
Unlike many lawyers, who look for reasons to avoid a trial, Mr. Clancy was willing to fight. One of his team interviewed the endocrinologist to document the officer's fabrication. Mr. Clancy then created a trial brief that demolished the evidence against us, and persuaded the DA to drop the charges.
Mr. Clancy never wavered in his commitment. He fought, and he won.
The stress from false accusations of child abuse is unbelievable. My family is grateful to Mr. Clancy for ending that stress.
His Focus meant my freedom. When my teenage daughters wanted boyfriends more than a Dad, and my ex-wife wanted custody at any cost, the false accusations flew wild. From multiple felony counts and the possibility for 100's of years in prison, to the truth and my freedom. What a ride through hell. Thank God Mr. Clancy and his team found the truth and brought it out in force. 12-1/2 inches of discover that the police failed to find, let alone follow up with, a secret IPad from my daughters and an over zealous DA all meant my life went from typical suburbia to a living hell. When the D.A. reviewed the package from Mr. Clancy and his team, the settlement offers flooded in. If you find yourself charged with anything even close to this, it is time to make the call, your life might be at stake. This man is THE most focused attorney I have ever worked with, bar none. Thank you Mr. Clancy for being there and wading into hell beside me
I Was scared and worried for my life, until the day I Met Patrick Clancy. I was accused of a lewd and lascivious act on a minor. The thought alone was heartbreaking mixed with terror and fright. After doing research online, i then knew i was facing Prison and Sex Registration. Thanks to Patrick Clancy, I never went to prison or had to register for sex Offender. He is a master at his craft and when i say master at his craft. Sex Crimes are his primary cases and it shows. Patrick Clancy was not the First defense attorneys i had called. I was calling local criminal defense attorneys and after doing research about their firms I realized sex crimes were mixed in with a plethora of other types of cases they handled. I thought of the expression jack of all trades master of none. My very life was at stake, so i did further research and that's when I found Patrick Clancy, that's all he worked on was sex crimes. Remember when I said master at his craft. So i called him at night and he answered.I gave him a brief description about my charge and we set up an appointment the next evening. Patrick Clancy was about an hour away and when your facing prison, i would have driven ten, you don't always been a local attorney. If you do so happen to live in Walnut Creek then Patrick Clancy Should be your attorney. Thank you Patrick, i will never forget you, thank you so much. If i could give you more than 5 stars i would.
My case was as highly prejudice as you can get. My family are practicing naturist (nudist). I moved from California to Texas. I was then arrested, and all of my electronics were search. Naturist family photos were found on my iPad. However, one disgusting lewd photograph of my 12 year old daughter was also found on my iPad. I had never seen it before. I was charged with two felonies counts Federal Court based upon this one photograph. In Texas I went through three attorneys that I do not feel represented me adequately. While in California I had lost trust in what my daughter was doing on the internet. I installed spyware on the smartphone. The spyware sent email reports to my smartphone. I found out she was pretending to be an 18 year old student from Stanford and trying to set up “hook ups” with adult males. She was sending inappropriate photos of herself to adult males via “Tender’. I destroyed her smartphone in front of her eyes. She was totally mad. My Smartphone was in the custody of California Law Enforcement. After multiple requests none of my attorneys worked to get control of my smartphone that was back in California. I was in custody for 14 month and was about to go to trial without my corroborating evidence (the spyware email reports) I then made the biggest mistake of my life. I was offered credit for time served and release; or I had to go to trial without my best evidence and I face 30 years in prison. I took the deal expecting to be immediately released. That was false. I was released from Federal Prison and was immediately transported to the California jail to stand trial for child molestation carrying a potential life sentence in a California Prison.
In California I went through five attorneys and I did not feel they could handle the case. I was a nudist that had plead to taking a pornographic picture of my daughter. It took two and a half years with no progress. My wife found Patrick Clancy who specialized in these cases for four decades.
Mr. Clancy immediately got my cell phone and had it analyzed. He was the first in eight attorneys that did his job. Mr. Clancy attacked the plea bargain to the California Jury as coerced. We had another hurdle put in our way. The Judge would not let in the motivation of why my daughter was furious with me. The Judge sanitized the evidence under the Rape Shield Laws. We were only allowed to state that I had found that she and done something on the internet that was “inappropriate”.
However, Mr. Clancy did not give up. He showed the spyware to the jury. He called a lot of my naturist friends that also had children so that the jury could see that naturism was not sexual. He called people that knew my daughter had problems with the truth. He also introduced that I had found evidence using Spyware that my daughter had done “inappropriate conduct” that lead to her smartphone being destroyed with an ax. He introduced prior inconsistent statements from my daughter about who took the lewd photography and showed how it was physically possible that it was a selfie for her friends.
Without the evidence that the judge had sanitized out we were only able to hang the jury.
Mr. Clancy immediately started to prepare for a second trial. We were hoping to get a different judge and a different ruling on the admissibility of what I had discovered on my daughter’s smartphone.
On the day of the start of the second trial the case was dismissed.
I need to tell you about the personal side of “Patrick”. He took the time to keep my wife and I both informed on the progress of the case. We always felt we were part of the case and he listened to our ideas. He was very patient in explaining what was happening and why. He sacrificed many Sundays and nights to help us.
He never gave up and that gave us hope. We highly recommend him.
When my teenage daughters wanted boyfriends more than a Dad, and my ex-wife wanted custody at any cost, the false accusations flew wild. From multiple felony counts and the possibility for 100's of years in prison, to the truth and my freedom. What a ride through hell. Thank God Mr. Clancy and his team found the truth and brought it out in force.
12-1/2 inches of discover that the police failed to find, let alone follow up with, a secret IPad from my daughters and an over zealous DA all meant my life went from typical suburbia to a living hell. When the D.A. reviewed the package from Mr. Clancy and his team, the settlement offers flooded in. If you find yourself charged with anything even close to this, it is time to make the call, your life might be at stake. This man is THE most focused attorney I have ever worked with, bar none. Thank you Mr. Clancy for being there and wading into hell beside me.
Un mexicano indocumentado con una condena previa por abuso de menores. ¡Mi vida había terminado!
Recientemente, una sobrina joven me acusó falsamente de haberla molestado. Me mantuvieron en la cárcel sin fianza. El Sr. Clancy trajo intérpretes con él cuando me visitó en la cárcel. Mi familia extendida recaudó los fondos para contratar al Equipo Legal de Inocencia porque querían que yo tuviera lo mejor.
Anteriormente, como joven me acusaron de tocar a mi hermana, pero no lo hice y no entendí lo que sucedió en el tribunal de menores. Ahora, me enfrentaba a una vida en prisión y, si alguna vez salía, me enfrentaba una deportación dejando a mí familia en los Estados Unidos.
Patrick Clancy fue el "Jefe Estratega" en mi caso. Él me creyó cuando le dije que yo era inocente. Mi esposa tenía una pista de lo que podría haber sido la causa de la falsa acusación y, como jefe estratega, el Sr. Clancy desarrolló esta lista en el caso.
El plan del caso era que un amigo de mi sobrina estaba en un hogar de acogida. Esta amiga quería que mi sobrina se uniera a ella en el hogar de acogida. Ellas planificaron una acusación formal de abuso sexual en mi contra para que ellas pudieran vivir juntas en el hogar de acogida.
Descubrí que había aceptado un acuerdo por abusar sexualmente de mi hermana cuando era menor de edad. No entendía lo que estaba sucediendo en el tribunal de menores. Ahora, mi hermana dio una declaración por escrito en el caso actual apoyándome e indicando que nunca la molesté y que ella confiaba totalmente en mí con respecto a los niños.
La estrategia fue desarrollada por el Sr. Clancy y reunió toda la evidencia necesaria.
La acusadora admitió que ella había inventado la historia como parte de un plan para vivir con su amiga.
La evidencia que el Sr. Clancy había reunido fue entregada al Fiscal del Distrito antes de la audiencia preliminar. Después de la audiencia preliminar, la fiscalía quedó satisfecha y desestimó todos los cargos. La estrategia del caso del Sr. Clancy condujo a un despido de del caso.
Mi vida fue salvada.
I was arrested and had a bail of $1,850,000. My girlfriend found, hired, and paid Patrick Clancy a $25,000 retainer to represent me because her research said he was the best. He came to the jail and met with me three times. He worked with my friends on the outside. I was arrested Friday night. I was release without aany charges being filed on Wednesday.
I overheard the police talking at the jail. They said the District Attorney was not going to file the case because the attorney, I hired, Patrick Clancy, was no one to mess with.
I give credit to Mr. Clancy's reputation leading to no charges filed.
Without being asked, Mr. Clancy refunded 90% of the retainer and kept a small amount to cover the time he had put into the case. Not only was he the best, he was so fair when he refunded most of the money without even being asked.
“I Was scared and worried for my life, until the day I Met Patrick Clancy. I was accused of a lewd and lascivious act on a minor…Thanks to Patrick Clancy, I never went to prison or had to register for sex Offender. He is a master at his craft. Thank you, Patrick, I will never forget you… I had multiple allegations of molestation dismissed against me without trial…during the preliminary hearing he was able to disprove the major count against me which carried life in prison [and] got my bail reduce...It was the last day I spent in custody on my case…before the case went to trial the accusers refused to proceed and all of the sex allegations were dismissed. Mr. Clancy really showed that he cared. Mr. Clancy was a life saver.”
“Case dismissed without trial. Mr. Clancy…studied my case which was voluminous…He then carefully selected items to show to the DA …to educate the DA…He was successful in getting the charges dismissed before the preliminary hearing…During the time I was in jail, he showed me and my wife great kindness, comfort, and support. We were very lucky to have found him. ”
“Patrick Clancy saved my life. Two girls falsely accused me of inappropriately touching them while I put them to bed when they were little…but I was innocent…Clancy hired a great investigator…a respected child psychologist and a specialist appellate lawyer and… figured out why the…falsely accused me. When the DA saw it all, the case was dismissed…Thank you, Mr. Clancy. Your expertise and strategy saved me from a potential 25 years to life and gave me my life back.”
Innocence Legal Team | Criminal Defense Attorney |
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