Please be advised that case results depend upon a variety of factors unique to each case. Case results below do not guarantee or predict a similar result. Each individual case had specific evidentiary issues that were unique to the charged offense.
FEDERAL CHARGES – NOT GUILTY JURY VERDICT
False Statements in U.S. Passport Application (18 U.S.C. 1542)
United States District Court, Southern District of California
POSSESSION OF A WEAPON-NOT GUILTY JURY VERDICT
An innocent father of two was accused of possessing a weapon in his car while driving to work. Mr. Ham went to trial and a jury returned a not guilty verdict against the father.
BURGLARY AND THEFT
Felony Burglary – DISMISSED
Grand Theft – DISMISSED
An innocent college student was accused of burglarizing a business and stealing over $900 worth of items. The student was charged with felony burglary and felony grand theft. Mr. Ham fought the case and exposed a key witness’ biased cross racial identification at the preliminary hearing. On the the day of trial, all charges were dismissed.
An officer posing as a prostitute walked up to a man parked at an auto parts store. The undercover officer haggled with the man and offered sex acts for $20. The man drove away and parked closer to the auto parts store. The officer posing as a prostitute followed the man and as the man walked towards the auto parts store, several police officers surrounded the man and arrested him. The man was charged with soliciting a prostitute. Mr. Ham went to jury trial and a mistrial was pronounced when the jury deadlocked. The case eventually resulted in an infraction.
Possession 2 pounds of cocaine – DISMISSED
Transportation of 2 pounds of cocaine – DISMISSED
A San Diego man was charged with transporting and possessing for sale 2 pounds of cocaine. The man faced 4 years in state prison. Mr. Ham raised a legal issue with the legality of the wiretap evidence and the failure to disclose the evidence within the requisite time period. All charges were dismissed agains the man.
DUI Dismissal During Prosecution’s Case in Chief
A San Diego man was charged with 4 criminal counts:
- Driving while under the influence of alcohol or drugs;
- Driving with a blood alcohol level greater than .08;
- Resisting arrest; and
- Driving without a valid license.
Mr. Ham fought the case and went to trial. During the prosecution’s case in chief, Mr. Ham cross examined the arresting officer and casted doubt on the reliability of the blood sample. As the prosecutor called its next witness, a phlebotomist, the prosecutor realized that the blood sample had in fact been mislabeled and that the test result did not belong to Mr. Ham’s client. The prosecutor, in the middle of his case in chief, moved to dismiss all charges against Mr. Ham’s client.
ANNOYING/MOLESTING A MINOR – HUNG JURY
Superior Court of the State of California
County of San Diego, North County Division
FRAUD IN APPLICATION FOR FIREARM
Mr. Ham’s client, a father of two, was charged criminally for making a false statement on a federal gun application. After multiple pretrial hearings, the charge was dismissed on the first day of trial.
PETTY THEFT – DISMISSED
A woman was shopping at a department store and was later charged with petty theft. Mr. Ham represented the woman and the charge was dismissed.
DRIVING WHILE UNDER THE INFLUENCE (DUI)
DUI BAC .27 – DISMISSED
With Prior DUI Conviction – DISMISSED
A San Diego man was arrested and charged with driving while under the influence of alcohol while having a blood alcohol level of .27. The charges also alleged that he had a prior DUI conviction within ten years. The San Diego man faced mandatory jail, an 18-month multiple conviction DUI program, public work service, a fine, and five years of probation. Mr. Ham fought the case and filed a motion to suppress the evidence pursuant to Penal Code Section 1538.5. All charges and allegations were dismissed.
ASSAULT AND BATTERY
Assault w/Deadly Weapon – DISMISSED
Battery on a spouse – DISMISSED
Corporal Injury on Spouse – DISMISSED
Domestic Violence (DV) – DISMISSED
DV vandalism – DISMISSED
BURGLARY AND THEFT
Felony Robbery – DISMISSED
Grand Theft – DISMISSED
Resisting Arrest- PROBATION
Petty Theft – DISMISSED
Petty Theft – INFRACTION
Marijuana sales – DISMISSED
11 grams meth – PC 1000
Disobedience of a police officer – DISMISSED
Workers compensation – INFRACTION