Turning the Tide: How Strategic Defense Led to Freedom for a Client Facing Life in Prison
This case study reveals how Kersey Law took on this daunting challenge and achieved a life-changing outcome for our client.
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Background
Our client was facing life in prison but is now at home with his family. This case study details how we recently achieved a significant victory in this challenging case. My name is Jamahl Kersey, and I’m the principal attorney at Kersey Law. We’re a boutique criminal defense firm in San Diego, California. Our client, a young man with no prior criminal history, was facing life in prison on multiple serious charges, including attempted murder and other gun-related offenses. After just one year, he is now back home with his family. Here’s how we did it.
Our client was arrested for attempted murder, shooting at an inhabited house, and several other gun-related charges. The attempted murder charge was considered to be premeditated and deliberate, meaning our client was facing life with the possibility of parole. Additionally, because a gun was fired, there was an allegation that added an extra 20 years to the attempted murder charge.
When everything was added up, he faced nine years on the attempted murder charge plus 20, totaling 29 years, in addition to other charges that put him at facing over 30 years to life. This was a very serious case, and it’s definitely not the type of case for someone learning the ropes—you absolutely need someone with experience when it comes to life cases.
The Challenge
Our client was a very young man with no criminal history and no prior failures to appear. He had strong ties to the community, and these are all factors that play into whether a person will be able to get out on bail or if they will have to be detained. We had a lot of positive letters of support from his friends, family, pastor, and other community leaders. However, due to the seriousness of the charge—attempted murder, facing life in prison—the DA successfully argued that our client was a danger to the community. As a result, our client was denied bail.
Facing Challenges with a Detained Client
People would prefer to be on the outside rather than locked up when they’re fighting their case; that goes without saying. But it really is more ideal to have your client on the outside rather than being in jail. If for no other reason, it’s so much easier to have meetings with your client, whether that’s coming to the office, over the phone, or doing a Zoom meeting, which we do a lot of. If we need to pass along a quick message or get quick information, it’s much easier to shoot a text or make a call.
Going into this, we knew we would ultimately have to handle this case with our client being detained. When someone is detained, we have to balance the interest of trying to move things along as quickly and efficiently as possible while still investing the proper amount of time to get the job done right. This can be a challenge, but we at Kersey Law are always up to the task.
Defense Strategy
Getting to Know Our Client
As usual, we get to know our client. We need to understand our client’s side of the story to defend them effectively regarding the facts of the case. But we also get to know our clients as people. What is your highest level of education? What’s your work history? Do you have any physical or mental health issues? Does anyone in your family have any physical or mental health issues? Have you overcome any major challenges in your life? What is it that you want for your future? How might a conviction or prison time ruin those plans?
We actually have many more questions that we ask, but you can see just how much useful information we gather to tell our client’s story. I say this all the time: Listen, the DA doesn’t know anything about a person except for what’s in those police reports. In this case, the police report basically described the incident where our client had a gun on him and shot at someone. What do you think goes through the DA’s head when reading a report like this? They think, This person is a dangerous individual with no responsibility. He’s a criminal with no respect for human life and needs to be removed from the streets.
We need to balance that information with all the positive information that we can. Eventually, we received the police reports, witness statements, photographs, and videos. Sure enough, it had been reported that our client shot towards the alleged victim. Thankfully, none of the bullets actually hit the alleged victim.
Reviewing Discovery and Building a Defense
We reviewed all the discovery with our client so that he would be well-informed of the evidence that the DA had against him. This is something the client has a right to know. They have a right to know the evidence in their case. We get a lot of calls from people who are unhappy with their current counsel, whether they’re represented by a public defender or even a private defense attorney. The biggest complaint is that they have no idea what’s going on in their case and feel completely in the dark.
We take the time to go over the evidence with our clients and answer their questions so they know exactly what’s happening. While reviewing this evidence, we also explain the law and how it applies to the case. A lot of times, people are going through this situation for the very first time and have no idea what to expect or how the law works. We empower them with that information.
Once we reviewed the discovery together, we got our client’s side of the story. Just prior to the incident, our client actually tried to see the alleged victim in person. He confirmed that it was, in fact, him on the security camera footage firing the weapon at the alleged victim, but his position was that he only did so out of fear for his own life. Prior to the incident, the alleged victim had made some verbal threats to our client, which he took seriously. In the altercation, our client tried to walk away and defuse the situation, but the alleged victim ramped up and got more aggressive.
Analyzing Video Evidence
In the video, you could actually see our client walking backwards when he pulled out the gun from his waistband, and the alleged victim was essentially walking him down. Client is walking backwards; the alleged victim is walking him down. Before our client pulled out his gun, the alleged victim had drawn out his own gun. Our client ended up pulling out his gun, firing a few shots, and then taking off. Law enforcement tracked him down a couple of weeks later, and he was arrested and taken into custody.
The case eventually went to a preliminary hearing. If you weren’t aware, a prelim is a probable cause hearing for the judge to determine whether there’s sufficient proof to show that a crime has been committed and that the person accused is the one who committed this crime. In this particular case, the alleged victim testified at the prelim and revealed that he did, in fact, reach for a gun and was pulling it out when our client pulled out his weapon and started shooting.
Establishing the Burden of Proof
The DA’s position was that our client had shown up to confront the alleged victim. He was armed with a gun and therefore had in his mind beforehand that he planned to shoot the alleged victim. At a preliminary hearing, the DA only needs to establish probable cause. But the real question was whether they could meet their burden under the much higher standard of proof beyond a reasonable doubt if this case went to trial.
When it comes to plea bargaining or negotiations, the stronger the DA believes their case is, the less inclined they are to negotiate. Conversely, the more problems the DA’s case has—whether they have issues proving their case beyond a reasonable doubt, evidentiary issues, witness issues, or legal obstacles—the more flexible they’ll be in negotiations. Another aspect is the client’s criminal history. Do they have no offenses on their record, or do they have a long string of offenses? What’s their story? What’s been going on in their life? How did they end up in this situation? Where did things go wrong? Are they interested in rehabilitation? Can we salvage this situation or their life? Can we get things back on track and reintegrate the person into society with a solid plan to avoid something like this from ever happening again?
Results
The Power of Client Stories
Believe it or not, this information can be some of the most powerful elements to a winning defense strategy. We took the time to get the answers to these questions. We had Christina, our amazing investigator, talk to our client’s parents and other people who could speak to our client’s good character and those who had a positive impact on his life. We got more letters of support and came up with a game plan moving forward with a couple of alternative options to show what our client was committed to doing if he got out and were to get a second chance.
It wasn’t just about the positive information. The positive case was powerful, but we also had a solid case for self-defense that we wholeheartedly believed in. After spending a number of hours with our client in jail, we felt confident that if we took the case to trial, we could present a compelling defense.
Ultimately, our thorough preparation and strategic approach led to a favorable outcome for our client, who was released after serving just one year. This case demonstrates the importance of experienced legal representation, a strong defense strategy, and the power of understanding the client’s story.
Key Takeaways
- Team Effort: This victory was a testament to the strength of our team at Kersey Law. From the diligent efforts of our investigator and paralegal to the strategic guidance of our law clerk, every team member played a crucial role in securing a favorable outcome.
- Collaboration with the Prosecution: The case underscored the importance of working alongside the DA when appropriate. By presenting a well-rounded narrative, we demonstrated that justice could be served without a life sentence.
- Client Empowerment: Keeping our client informed and involved in the process was vital. It not only strengthened our defense but also ensured that our client felt supported and understood throughout this harrowing ordeal.
Your Fight, Our Battle
At Kersey Law, we understand that behind every case is a person whose life hangs in the balance. We are here to fight for you, bringing our experience, passion, and relentless pursuit of justice to your defense. If you or someone you know is facing similar charges, don’t hesitate to reach out. We’re ready to stand by your side and fight for your freedom.
The truth is, without a strategic defense strategy, you're missing out on a powerful tool to protect your future and achieve the best possible outcome for your case.
Facing Accusations For a Crime in San Diego? Here’s What You Need to Know
Being accused of a crime in San Diego can be overwhelming. These serious charges not only threaten your freedom but also your reputation, career, and personal life. Navigating this complex legal landscape requires more than just any defense—it demands a strategic, expert approach.
At Kersey Law, we are dedicated to protecting your rights and future. Our firm provides the personalized and strategic defense you need to effectively navigate the complexities of criminal charges. We are committed to delivering a defense that prioritizes your unique needs and circumstances, helping you to secure the best possible outcome.
Start with a free case evaluation, you have nothing to lose and everything to gain.
The truth is, without a strategic defense strategy, you're missing out on a powerful tool to protect your future and achieve the best possible outcome for your case.
Why Choose Kersey Law?
Expertise in High-Stakes Defense​
Our attorneys have a proven track record of success in handling DUI cases in San Diego, providing you with the confidence and assurance you need.
Personalized Legal Strategy​
We understand the importance of maintaining your professional reputation. Our team employs strategies to protect your name and standing within your industry and community.
Discreet and Confidential Representation​
Your privacy is our priority. We handle all cases with the utmost discretion, ensuring your personal and professional reputation remains intact.
Minimizing Disruptions to Your Life
Our strategies focus on minimizing disruptions to your personal and professional life. We understand that your time is valuable, and prolonged legal battles can be detrimental to your career. By efficiently handling your case, we aim to reduce the time and stress involved, allowing you to focus on your work and family.
Proven Track Record
Our success speaks for itself. We have a history of achieving favorable outcomes for our clients, supported by numerous testimonials and case studies.
What To Expect
The Kersey Law Difference
Results may vary depending on your particular facts and legal circumstances.
Step 1
Schedule Your Free Consultation
Reach out to schedule your free, confidential case evaluation. We’ll discuss the specifics of your case and begin formulating a defense strategy.
Step 2
Comprehensive Case Evaluation
We conduct a thorough investigation of your case, gathering evidence, reviewing police reports, and identifying any procedural errors or weaknesses in the prosecution's case
Step 3
Strategic Defense Planning
Our team develops a tailored defense strategy designed to challenge the evidence against you and negotiate the best possible outcome.
Step 4
Aggressive Representation
Whether negotiating a plea deal or representing you in court, we are committed to fighting for your rights and securing the best possible outcome.
See what others have to say about Building a Winning Defense Strategy that Protects Your Future.
Results may vary depending on your particular facts and legal circumstances.
Don’t face criminal allegations alone. At Kersey Law, we offer expert, compassionate, and effective defense tailored to your needs.
Reach out today to get the legal support you need to protect your future.
Protecting Your Personal and Professional Life
Reputation Management
We understand the importance of maintaining your professional reputation. Our team employs strategies to protect your name and standing within your industry and community.
Minimizing Disruption
Legal proceedings can be disruptive. We work diligently to minimize the impact on your daily life, allowing you to continue focusing on your career and personal commitments.
Asset Protection
We take measures to safeguard your assets from the repercussions of drug crime charges, ensuring your financial stability remains intact.
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In just 1 hour, you’ll have a clear, actionable plan to turn your defense into an unstoppable force that can give you the most favorable outcome for your case (no obligation to move forward!).