Law Office of David P. Shapiro - San Diego Criminal Defense Attorney

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619-295-3555

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3500 5th Avenue #304 San Diego, CA 92103

Criminal Defense Lawyers San Diego

Case Results

The attorneys at our Firm have been obtaining outstanding results in San Diego County for the better part of the past two decades. These outcomes have included not guilty verdicts at jury trials in every courthouse in the County, cases being dismissed outright, and plea bargains few thought were possible. Here are a few of our recent case results:

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Murder & Voluntary Manslaughter Charges

Not Guilty Verdicts At Jury Trial

El Cajon Courthouse. Client was facing 26 years-life. Released from custody within hours of not guilty verdicts after spending 18 months in custody pending trial. Client back with U.S. military.
Read about this high-profile case

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Lewd & Lascivious Conduct with 5 Minors Under Age 14

Hung Jury After 2 Trials

Vista Courthouse. Client was facing mandatory state prison convicted. Jury was unable to convict for any of the 5 accusers after separate trials in 2023 & then again in 2024, with the 2024 trial receiving more not guilty votes than from the first trial.

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Criminal Threats & Child Endangerment

Not Guilty Verdicts at Jury Trial

Downtown San Diego Courthouse. Client was charged with felony vandalism, child endangerment, and the strike felony of making a criminal threat per Penal Code section 422. After trial, the jury found our client not guilty on two of the three charges and hung on the other. The remaining charge was eventually dismissed by the District Attorney.

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First Degree Murder

Early Release per SB 1437

Downtown San Diego Courthouse. Client had been sentenced to 25 years to life in prison for first-degree murder and robbery. We filed a motion under SB 1437 to vacate the conviction and it was granted. The client was resentenced to credit for time served and was released from prison after serving 10 years.

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Federal Importation of Controlled Substances

3 Separate Cases Dismissed within 18 months

First Case: Federal Court – Southern District of California. Client alleged to have brought nearly 20 kilograms of methamphetamine across the border from Mexico and was facing a significant prison sentence. Client proclaimed innocence from the outset stating that she drove the vehicle across without any knowledge of the drugs. Following an extensive investigation by our team, the Government agreed to dismiss the case in its entirety.

Second Case: Federal Court – Southern District of California. Client drove his vehicle across the border from Mexico. Customs and Border Protection agents discovered over 24 kilograms of methamphetamine in his vehicle. Client claimed he had no knowledge. After a months-long investigation by our team, the Government was convinced that they could not prove their case and dismissed.

Third Case: Federal Court – Southern District of California. Client hired our firm after previous attorney encouraged a guilty plea which would have subjected the client to years in prison. After uncovering some helpful evidence and carefully leveraging some important timing issues in the case, the Government dismissed the case in its entirety against our client.

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Kidnapping for Rape

Dismissed at PC995 Motion Hearing (2 Separate Cases)

Downtown San Diego Courthouse; El Cajon Courthouse. Eliminated what would have been mandatory life in prison sentence(s) had client(s) been convicted.

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Federal Transportation & Possession for Sale of Controlled Substances

1 Year of House Arrest and Supervised Release

Federal- Southern District. Plea without a 10 year minimum mandatory sentence. At sentencing, probation recommended 60 months and the government recommended 40 months. The court sentenced client to one year of house arrest and supervised release.
<span”>Read about this high-profile case</span”>

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Commercial Arson with Strike Prior

Strikes Stricken, Probation with House Arrest

El Cajon Courthouse. Client was facing well over 10 years in prison for his role in the burning of an office building. Client also had a previous strike prior. Significant mitigation evidence was gathered and presented to the District Attorney’s Office and they agreed Probation and treatment was the appropriate outcome.

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Assault with a Deadly Weapon, Criminal Threats, Attempted Robbery, et al. (totaling 3 “Strike” felonies)

Case Dismissed

Downtown San Diego Courthouse. Mental Health Diversion motion granted. Client made spectacular use of the delays in the case due to Covid and was diagnosed with, and proactively entered treatment for, a bipolar diagnosis which was linked to a series of offenses totaling 3 “strike felonies.” A collaborative effort between Client, Prosecutor, and Court led to the Court dismissing the case in its entirety and sealing the arrest record(s).

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Grand Theft Charges

Dismissed

Downtown San Diego Courthouse. Client was accused of fraudulently depositing multiple checks in amounts not authorized to him. Upon successful completion of restitution the case resolved for a generic “disturbing the peace” conviction which will be reduced to a misdemeanor in one year.

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Assault Causing Great Bodily Injury

Case Dismissed

Downtown San Diego Courthouse. Client was charged with strike assault with great bodily injury after breaking someone’s nose. After witness interviews and producing evidence corroborating the client’s alibi, the case was dismissed, and his arrest record was sealed.

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Vehicle Theft and Resisting Arrest

Case Dismissed

Vista courthouse. The client was charged with felony vehicle theft and resisting arrest during a manic episode. We were able to get all charges down to misdemeanors at the preliminary hearing, then misdemeanor diversion was granted so the case was dismissed, and the client’s arrest record was sealed.

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Felony Welfare Fraud & Perjury

Case Dismissed

Downtown San Diego Courthouse. The client faced a 30-year-old arrest warrant for felony welfare fraud. After paying restitution, the case was dismissed.

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Child Molest & Forcible Rape of a Minor Charges

Probation, No Jail, No PC290 Reg.

Downtown San Diego Courthouse. Client was originally facing a mandatory state prison commitment of at least 3 years and lifetime registration as a sex offender.

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Residential Burglary & 4 Counts of Child Molest Charges

Probation, No PC290 Reg.

Chula Vista Courthouse. Firm was retained after Preliminary Hearing. Previous offer to client was 8 years prison. Case resolved for 365 days jail.

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Child Abuse

Case Dismissed

Vista Courthouse. Case dismissed, despite initial allegations Client was responsible for minor’s broken leg.

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Felony Theft Charges

Misdemeanor Probation, No Custody

Downtown San Diego Courthouse. Client was accused of embezzling over $400,000 from organization she was once a part of.

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Stalking & Harassing Electronic Communications Charges

Not Guilty After Jury Trial

Vista Courthouse.

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Strike Felony Assault w/ Great Bodily Injury & Criminal Threats

Case Dismissed

Downtown San Diego Courthouse. Viable self-defense claim.

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Attempted Murder Charges, among other DV-related Strike Felonies

Probation & Residential Treatment

Vista Courthouse. Preliminary Hearing testimony led the DA to reconsider their original position.

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Felony Child Endangerment (2) & DUI Charges

Misdemeanor “Wet Reckless”

Won Motion to Suppress Blood Test Results. Vista Courthouse. Unlawfully Obtained Warrant.

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DUI (.10 BAC)

Not Guilty After Jury Trial

Chula Vista Courthouse (but El Cajon case).

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Felony Hit & Run, and Felony Accessory

Charges Dismissed at Preliminary Hearing

South Bay Courthouse. Factual discrepancies regarding what Client knew regarding the accident.

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Felony DUI with Great Bodily Injury + Multiple Victims

Reduced to Misdemeanor

South Bay Courthouse. Factual discrepancies regarding what Client knew regarding the accident.

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5+ Separate Residential Burglaries (Strikes)

Probation and No Additional Jail
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Possession for Sale of Cocaine (with strike prior)

Probation After Court Struck Prior Strike

South Bay Courthouse. Extensive mitigation packet presented at sentencing on both cases (years apart).

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Strike Felony Charges of Dissuading a Witness from Testifying

Not Guilty Verdicts after Jury Trial

Downtown San Diego Courthouse.

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Transportation & Possession for Sale of Controlled Substances

Case Dismissed

El Cajon Courthouse. After identifying legal issues with both the statements from our client and law enforcement’s investigation, the District Attorney agreed to dismiss the case in its entirety after our client satisfied some conditions aligned with a “deferred entry of judgment” resolution.

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Sexual Abuse of a Minor

Probation & No Jail Time

Downtown San Diego Courthouse. Despite significant publicity attached to the case, our client was sentenced to probation and no jail time after having pled to a charge where he admitted having inappropriate sexual relations with a minor when he was at least 10 years older than the minor.

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Sexual Battery (2 Counts)

Case Dismissed

Downtown San Diego Courthouse. After two years of preparation, solidifying a strong defense theory of the case, and discussions with the Prosecutorial agency, the case was dismissed on the day the jury trial was supposed to start. The only “offer” in the case was to plead to an offense that would require registration as a sex offender per PC 290.

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Transportation & Possession for Sale of Controlled Substances

Suppression Motion Granted – Case Dismissed

Downtown San Diego Courthouse. Case Dismissed after Motion to Suppress All Evidence per PC 1538.5 was granted after law enforcement searched our client’s vehicle erroneously relying on information client was still on probation and had a 4th amendment waiver justifying warrantless and non-consensual searches.

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Furnishing Controlled Substance (Fentanyl)

No Jail/Custody Imposed

Downtown courthouse. Client charged with furnishing a controlled substances containing fentanyl which caused the death of a loved one. Client received no jail time at sentencing.

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Possession of Controlled Substance

Motion to Suppress Evidence Granted – Case Dismissed

Downtown Courthouse. Client facing misdemeanor charge that would have jeopardized education and professional career. Motion to suppress illegally obtained evidence in drug possession case- Granted

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Juvenile Felony Burglary

Case Dismissed

Juvenile Court (San Diego). Juvenile client charged with felony residential burglary, a strike felony. Diversion motion granted and case ultimately dismissed.

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Various Sex Crime Charges

Two Separate Sex Crime Cases Entirely Dismissed

Vista Courthouse. Client accused and charged with allegedly committing a string of sexual batteries and indecent exposures. After being arrested and charged, we demonstrated he was factually innocent. Case was dismissed. Months later, same client was arrested and charged with similar conduct. Once again, we demonstrated he was factually innocent, and case was dismissed.

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Juvenile Felony Evading

Case Dismissed

Juvenile Courthouse. Client evaded police on motorcycle. Made motion for diversion, which was granted by the court. Following some programming and community service, entire felony case dismissed and records sealed.

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Juvenile Criminal Threats

Case Dismissed

Juvenile Courthouse. Client charged with making threats at school. Made motion for diversion, which was granted by the court. Following some programming and community service, entire felony case dismissed and records sealed.

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Felony DUI

.28 BAC results excluded; VC23152(b) charge dismissed

Vista Courthouse. Motion to Suppress Granted. Motion to Traverse filed arguing that the deputy made a misrepresentation in the affidavit in support of search warrant to force a blood draw. Court agreed and granted motion.

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DUI Hit & Run

Not Guilty After Jury Trial

El Cajon Courthouse. Hit and run charge dismissed by motion before trial. VC 23152 (a) and VC23152 (b) submitted to the jury. Not guilty on both counts.

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Possession of Controlled Substance for Sale and Vehicle Burglary

Entire Felony Case Dismissed

El Cajon Courthouse. Client charged with possession of a controlled substance for sale (HS 11378) and vehicle burglary (PC 459). A motion to suppress was granted at the preliminary hearing leading to the dismissal of the HS11378 charge. Court also found insufficient evidence for the PC459 and also dismissed that count.

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Possession & Transportation of Controlled Substance While Carrying Loaded Firearm

Motion Granted: 3 Felony Counts Dismissed

Downtown Courthouse. Client charged with five felonies and one misdemeanor. Suppression motion was filed and heard at a preliminary hearing. The court granted the motion and dismissed three felony counts as a result. Client’s potential jail time reduced from 14 years to 4 years.

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DOMESTIC VIOLENCE + CHILD ENDANGERMENT CHARGES

Not Guilty After Jury Trial

Vista Courthouse. Jury returned unanimous verdicts confirming out clients’ actions were lawful self-defense and that she was not responsible for creating a traumatic condition upon minors who observed the altercation.

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Misdemeanor DUI

Case Dismissed

Chula Vista Courthouse. Dismissed after motion. Client charged with DUI. Motion to suppress was filed arguing an unlawful arrest. The court granted the motion and then dismissed the case allowing client to keep his job.

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Felony Child Abuse/Endangerment

Case Dismissed

Chula Vista Courthouse. Client charged with felony child abuse and misdemeanor child endangerment (PC 273a(a) and PC 273a(b)). All counts dismissed before the preliminary hearing.

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Motion for New Trial

Granted, Conviction Vacated

Downtown Courthouse. Client unable to obtain employment because of arrest record. Filed motion pursuant to PC851.8 for factual innocence. After a contested hearing, court granted motion.

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Domestic Violence Arrest Sealed and Destroyed

Factual Innocence Motion Granted

Vista Courthouse. Client convicted of vehicle manslaughter at trial. Filed motion for new trial alleging juror misconduct. Motion was granted and conviction was vacated.

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Criminal Threats, Possession of a Firearm + Controlled Substances Charges

Case Dismissed

Juvenile Court (San Diego). Case Dismissed After Client successfully completed Welfare & Institutions Code section 654 diversion.

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Elder Abuse

Case Dismissed

Vista Courthouse. Case dismissed after defense investigation confirmed a third party, not our client, was responsible for the criminal conduct.

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DUI

Case Dismissed

Chula Vista Courthouse.  Case dismissed after military diversion motion granted and terms successfully completed.