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
California Superior Cout
County of San Diego, South County Division
Facts: A father of two minor children was driving to work when he was pulled over for speeding by a Chula Vista Police Officer. The police officer searched the man’s car and found a weapon. The man was arrested and charged with possessing a weapon. Mr. Ham went to trial and a jury returned a not guilty verdict.
PROSTITUTION-HUNG JURY
Soliciting a Prostitute
California Superior Cout
County of San Diego, Central Division
Facts: An undercover officer posing as a prostitute walked up to Mr. Ham’s client, who was parked in the parking lot of an auto parts store. The undercover officer haggled with Mr. Ham’s client, and persistently offered sex acts for $20. After a few minutes, Mr. Ham’s client drove away from the undercover officer, and parked closer to the auto parts store. The undercover officer followed Mr. Ham’s client, and as he walked towards the auto parts store, several police officers surrounded Mr. Ham’s client and arrested him. Mr. Ham’s client was arrested charged with soliciting a prostitute. Mr. Ham refused all offers from the prosecution and went to a jury trial. The jury deliberated, but deadlocked, and the judge declared a mistrial. The prosecution dismissed the criminal charge and Mr. Ham’s client paid a fine and accepted an infraction.
ANNOYING/MOLESTING A MINOR – HUNG JURY
Superior Court of the State of California
County of San Diego, North County Division
BURGLARY AND THEFT-DISMISSED
California Superior Court
County of San Diego, South County Division
Felony Burglary – Dismissed
Felony Grand Theft – Dismissed
Facts: An innocent college student was arrested and charged with burglarizing a business and stealing over $900 worth of items. The college student was charged with felony burglary and felony grand theft. The college student had been misidentified by a witness. Mr. Ham fought the case and exposed the key witness’ biased cross racial identification at the preliminary hearing. The case was set for jury trial. On the the day of jury trial, the prosecutor dismissed all charges against the innocent college student.
SALE AND TRANSPORTATION OF COCAINE-DISMISSED
Possession of 2 pounds of cocaine -Dismissed
Transportation of 2 pounds of cocaine-Dismissed
Facts: A San Diego man was charged with transporting and possessing 2 pounds of cocaine for the purpose of sale. 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.
FRAUD-ALL CHARGES DISMISSED
California Superior Court CN357987
County of San Diego, North County Division
Counts Charged: 1) PC530.5 use of personal info of another; 2) PC470(d) forgery of check; 3) PC470(d) forgery of check; and 4) PC4709(d) forgery of check.
Facts: Mr. Ham’s client, a restaurant manager, was at home with his wife, two minor children, mother-in-law, and sister-in-law when law enforcement stormed into his home with a search warrant. Multiple law enforcement officers in tactical gear and with their firearms drawn searched the home. Mr. Ham’s client was handcuffed in front of his family, accused of fraud, and then arrested and taken into custody. Mr. Ham’s client was booked into county jail, posted bond, and was arraigned and charged with 4 felony counts of fraud and forgery. Mr. Ham’s client was accused of fraudulently obtaining a bank customer’s account number and passing three checks to businesses.
Mr. Ham’s client maintained his innocence and Mr. Ham set a preliminary hearing date. After thoroughly investigating the case, Mr. Ham discovered that his client’s bank had mistakenly provided Mr. Ham’s client with bank checks erroneously associated with the account number of another customer. Mr. Ham presented his findings to the Deputy District Attorney assigned to the case and shortly before the preliminary hearing date, the District Attorney’s Office dismissed all charges against Mr. Ham’s innocent client.
DRIVING WHILE UNDER THE INFLUENCE: Dismissed During Jury Trial/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.
Facts: Mr. Ham’s theory of the case was that his client’s blood sample had been mislabeled, and that the blood test result did not belong to his client. Mr. Ham fought the case and went to jury trial. During the prosecution’s case in chief, Mr. Ham cross examined the arresting officer on the reliability of the blood sample. As the prosecutor called its next witness, a phlebotomist, Mr. The prosecutor, in the middle of his case in chief, moved to dismiss all charges against Mr. Ham’s client.
FRAUD IN APPLICATION FOR FIREARM-COMPLETE DISMISSAL
Superior Court of the State of California
County of Orange, Fullerton Division
Facts: 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, Mr. Ham set the case for trial. On the day of trial, the prosecutor dismissed the charge.
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
DRUGS
Marijuana sales – DISMISSED
11 grams meth – PC 1000
OTHER CRIMES
Disobedience of a police officer – DISMISSED
Workers compensation – INFRACTION