10788 Civic Center Drive, Suite 240
Rancho Cucamonga, CA 91730
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Marcie Gardner has successfully defended many people who have been charged with crimes in San Bernardino County including adult misdemeanors and felonies, sex crimes, DUI, and juvenile crime cases. See Her Results.

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CASE RESULTS

Important: Case results depend on a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  Below is only a sampling of the hundreds of cases Attorney Gardner has handled and are provided only to give you an overview of her practice.
Petitions for Factual Innocence/Certificates of Rehabilitation

Adult Felony Cases
  • San Bernardino: Client was charged with criminal threats and assault with firearm. Because his prior attorney could not settle the case, the Client hired attorney Gardner to handle his jury trial. She conducted extensive investigation and trial preparation. On the morning of trial, the DA dismissed the case. On the attempted re-filing of the case, she successfully moved the Court to prevent the re-filing. Case dismissed.
  • Rancho Cucamonga: Client was charged with attempted murder and assault. After extensive discovery and investigation showing the weaknesses of the case, obtained the DA’s agreement to a bail reduction so the Client could be released from custody. After further work, negotiated a plea for the Client to plead guilty as an accessory only. Client received credit for time served, probation and avoided strike offenses or further incarceration.
  • Fontana: Client was charged with attempted removal of police gun while resisting arrest. Because of Client’s criminal background, he faced 10 years in prison. Attorney Gardner conducted a two-day preliminary hearing, during which she presented helpful eyewitness testimony and cross-examined the involved police officers at length. In addition, through motion practice, she uncovered prior police misconduct. Because of all this, the DA offered the Client an infraction for disturbing the peace with credit for time served. Client received no jail, no fine, and no probation.
  • Rancho Cucamonga: Client was charged with first degree residential burglary.  Client faced a strike and had a two year prison sentence offer.  Due to extensive investigation, convinced DA that Client was innocent.  Case dismissed and Court approved a Petition for Factual Innocence, which cleared the Client’s arrest record.  Client held numerous professional licenses and could not get work without clearing his arrest record.
  • San Bernardino: Re-trial of murder case in which Client found guilty of 2 counts of murder and other felonies at trial with prior counsel. Due to extensive discovery and motion practice, secured a plea of 2 counts to voluntary manslaughter instead of murder.
  • Fontana: 15 year-old Client was charged with murder in adult court, facing 50 years to life. Due to helpful investigation and discovery of serious police officer misconduct, Client accepted a plea to voluntary manslaughter for six years in prison.
  • Chino:  Client, with a strike and prison prior in his background, was charged with robbery and two misdemeanors for a fight with his wife.  Robbery charge carried a high amount of bail which would have prevented Client from being released on bail.  Custody would have threatened Client’s job and house.  Prior to surrendering Client on the arrest warrant, negotiated a misdemeanor plea with supervising Deputy District Attorney for Client to serve minimal amount of time on electronic monitoring or work release.  Client never taken into custody on case and avoided another felony and prison sentence.
  • San Bernardino: Client was charged with multiple counts of insurance fraud. With restitution paid in full, Attorney Gardner obtained a misdemeanor plea. Client received probation with community service (no jail).
  • San Bernardino: Client was charged with grand theft. Attorney Gardner obtained a misdemeanor plea and Client received probation (no jail) with a small fine.
  • Victorville: Client was charged with embezzlement. Attorney Gardner negotiated a plea to misdemeanor with probation and a small fine (no jail).
  • San Bernardino: Client was charged with two counts of attempted premeditated murder, which carried a life sentence.  One victim was shot in the chest and paralyzed.  Obtained a plea to one count of being an accessory after the fact with client only serving 37 days in county jail.  Client eligible to reduce case to misdemeanor in the future and is not responsible for restitution to the victim who was shot.
  • Victorville: Client was charged with operating a chop shop. Investigation and research showed improper police conduct in entering the Client’s house. Upon filing of a motion to suppress, the DA dismissed the case and did not refile.
  • Rancho Cucamonga: Client was charged with embezzlement of thousands of dollars of product. Upon paying full restitution to victim, obtained a misdemeanor plea with probation and work release.
  • Fontana: Client, a non-citizen, was charged with multiple insurance fraud counts.  A conviction would have impacted his status as a green card holder.  Obtained dismissal of the case.
  • San Bernardino: Client charged with felony child abuse and misdemeanor failure to provide charges for abandoning infant outside.  Original offer on case was one year in custody.  Client decided to take case to trial (for which the preparation included significant investigative and expert witness work).  On morning of trial, Client accepted Court’s plea to one felony count which would be reduced to misdemeanor in one year, after Client completed 200 hours of community service.  No jail time or any further probation requirements imposed on Client (including the typical 52 week child abuse classes and related fines).
  • Norwalk: Client, a non-citizen, was charged with robbery and theft counts.  Before hiring attorney Gardner, client had made a statement which implicated himself in several crimes.  His prior counsel could only negotiate a deal which would have guaranteed the Client’s deportation and resulted in a strike on his record.  Attorney Gardner came in as counsel, filed an aggressive motion challenging several counts in the case, and got the Client the deal he requested (as an accessory only with limited jail time, no strike, and no adverse immigration consequences).
  • Pomona: Client was charged with two felony counts for writing a bad rent check.  While case ongoing, a witness falsely claimed that Client threatened her.  DA’s office filed a new complaint against Client.  Vigorous investigation proved that witness lied about the threat.  DA’s office dismissed new complaint and agreed to settle first felony case for a plea to one misdemeanor count with 40 hours of community service.
  • Rancho Cucamonga: Client was charged with two felonies for having provided drugs to kids.  Initial offer on the case was for Client to spend a year in jail.  After investigation and gathering good information on Client’s background (including recent acceptance to graduate school), Client accepted a deal for six months of electronic monitoring or work release.
  • Riverside: Client was charged with multiple counts of residential and vehicular burglaries for stealing electronics from several victims.  Client admitted to committing the crimes.  Due to amount of thefts committed, DA’s office insisted on prison sentence.  Through investigation and gathering good information on Client, secured a plea bargain directly from the Judge for Client to spend one year in county jail instead of going to prison.
  • Fontana: Client faced three felony counts for having punched two police officers and having resisted arrest when multiple officers stormed a party.  Original offer on case was prison time.  After extensive helpful investigation and motion practice to access the police officers’ discipline files, DA’s office would still only offer Client a felony plea with extensive jail time.  Attorney Gardner took Client’s case to trial, which lasted several weeks.  Jury ultimately found Client guilty of only one misdemeanor count and all felonies were dismissed.
  • Fontana: Client with prior record was charged with felony possession of assault weapon.  Attorney Gardner was able to get his case reduced to a misdemeanor with a minimal fine and 120 hours of community service at a location of the Client’s choosing.
  • Rancho Cucamonga: Client was charged with two felony counts (domestic violence and criminal threats, a strike offense).  Client, who was in custody, had been working with other counsel who could only get a plea to a felony count with a year in county jail.  Client had several personal issues for which he needed to be released from custody.  Client hired Attorney Gardner.  Within a few short days of being hired, Attorney Gardner convinced the DA to reduce the counts to misdemeanors and release Client from custody.
  • Rancho Cucamonga: Client, who had substantial criminal history, faced new felony child abuse charges.  Original offer on case was four years.  Attorney Gardner conducted extensive investigation into the child’s allegations and obtained extensive documentation on Client’s positive parenting skills.  Attorney Gardner convinced the DA’s office to agree to release Client from custody with credit for time served and give him probation on one misdemeanor charge.
  • Fontana: Client was charged with domestic violence.  Because of Client’s immigration status, it was critical for the case to be resolved on a non domestic violence charge.  Attorney Gardner negotiated for a misdemeanor false imprisonment charge with credit for time served and probation terms.

Sex Abuse/Assault Cases
  • Riverside: Client, who admitted conduct in videotaped statement, was charged with six counts of molesting daughter. At trial, Attorney Gardner persuaded Court to dismiss one count and persuaded jury to find Client guilty of only three counts. Although facing 12 years in prison, during contested sentencing hearing, she successfully argued for probation with work release.
  • Pomona: Represented Client who originally faced 12 felony counts of rape and lewd conduct (his daughter was the alleged victim). By time of trial, Client faced 6 counts of felony lewd conduct. Jury hung. Client accepted a plea to one misdemeanor count of simple battery to avoid re-trial. Client received terminal disposition (case dismissed, no probation).
  • Pomona: Client, a teacher, faced 2 felony counts for having sexual intercourse with a minor student. Due to extensive mitigating circumstances, persuaded DA to allow Client to plead guilty to one count of unlawful sexual intercourse with a minor, which did not carry mandatory sex offender registration. By agreement, Client enrolled in a private, inpatient sex treatment center and avoided any incarceration. Also successfully litigated unlawful probation condition requiring Client to remain in Los Angeles County as unconstitutional.
  • Rancho Cucamonga: Client, a college student, was charged with unlawful sexual intercourse with a minor. Attorney Gardner negotiated a plea to a reduced count of contributing to the delinquency of a minor. Client received probation (no jail).
  • Riverside: Client was charged with unlawful sexual intercourse with a minor for consensual sex with fiancé which he voluntarily disclosed in interview with law enforcement while seeking a job. After motion practice, Client pled guilty to an infraction for disturbing the peace. He paid only a small fine.
  • San Bernardino: Attorney Gardner has represented several clients charged with indecent exposure. She has obtained non-sexual based misdemeanor or infraction pleas for fines without jail or other conditions.
  • San Bernardino: Client, a recent high school graduate, was charged with sexual penetration with a foreign object for conduct involving a 14 year-old victim.  Charged offense carried life-time sex offender registration.  Attorney Gardner convinced DA to offer a lesser charge which carried no sex offender registration.  Client was not sentenced to any custody time.

Adult Misdemeanor Cases
  • Fontana: Client was charged with hit and run. DA dismissed case after Attorney Gardner indicated she would file a motion to dismiss based on violation of speedy trial rights.
  • Rancho Cucamonga: Client was charged with criminal threats. After announcing ready for trial, the DA dismissed the case after Attorney Gardner submitted proof of mitigating factors as well as aggressive conduct by the alleged victims.
  • Rancho Cucamonga: Client, a college professor, was charged with petty theft for walking out of a store with a bottle of salad dressing after paying for the rest of his groceries. His conduct was the result of medical complications. After announcing ready for trial, the Court dismissed the case.
  • West Covina: Client charged with child abuse. Court dismissed case on Attorney Gardner’s motion for violation of speedy trial rights.
  • Rancho Cucamonga: Have had multiple clients charged with petty theft. Due to Clients’ career goals which would have been threatened by theft convictions, DA agreed to non-theft infractions with fines only.
  • Rancho Cucamonga: Client, a college student, was charged with possession of a weapon at an airport. After announcing ready for trial, obtained a plea for an infraction with a minimal fine.
  • Los Angeles: Client was charged with two misdemeanors for his conduct at the Staples Center during a concert. Attorney Gardner obtained a plea to an infraction with a minimal fine.
  • Pomona: Attorney Gardner has represented several college students in this courthouse. Over DA’s objection, she convinced Court to offer Clients diversion, meaning Clients pled no contest to charges and cases dismissed a year later after Clients fulfilled certain conditions. Clients were facing charges for stealing a campus golf cart, resisting arrest, and negligently discharging a firearm.
  • Riverside: Client, a college student, was charged with arson. The victim (his college) and the Court agreed to a civil compromise of case, meaning that the Client was not convicted of any crime.
  • San Bernardino: Client was charged with trespassing on railroad property. Because the trespass happened unintentionally for work-related purposes, obtained an infraction with a minimal fine.
  • Chino: Client was charged with theft. Attorney Gardner negotiated to continue the case for one year so that Client could earn infraction if he had no new violation. Client’s career path was not impacted with infraction.
  • Riverside: Client charged with two misdemeanors after arrested by police outside a bar. Client beaten by officers. After motion practice disclosing police officer misconduct, negotiated a plea to an infraction with a minimal fine.
  • Rancho Cucamonga: Client charged with hit and run for accident he did not recall causing. Attorney Gardner got case dismissed.
  • Fontana: Client charged with driving on a suspended license (with similar conviction and DUI in his past). Attorney Gardner got case dismissed.
  • San Bernardino: 20 year-old Client charged with being in possession of alcohol while in car, which would have resulted in suspension of driving privileges.  Negotiated a plea to an infraction for driving without a license for a fine only.
  • San Bernardino: Client, already on felony probation, faced new charges for reckless driving while speeding on freeway on motorcycle in excess of 100 mph.  Client was arrested and held in custody on a “no bail hold.”  Attorney Gardner convinced judge to set bail so that Client could be released from custody.  Negotiated plea for misdemeanor case (plus additional traffic ticket) to be dismissed so that Client would continue only on felony probation with some additional work release obligations.
  • Rancho Cucamonga: Client charged with hit and run for accident involving child victim.  Attorney Gardner got case reduced to a disturbing the peace charge (no DMV point count, no terms of probation).
  • San Bernardino: Client charged with hit and run.  Attorney Gardner got case dismissed because the case was not prosecuted timely.
  • Rancho Cucamonga: Client charged with domestic violence and DA wanted Client to serve 30 days in custody.  Attorney Gardner got case reduced to a disturbing the peace charge with no jail time.
  • Rancho Cucamonga: Elderly client charged with vandalism of a car.  Attorney Gardner got case dismissed.
  • San Bernardino: Client was charged with hit and run.  Attorney Gardner got case dismissed.
  • Pomona: Client, a high-ranking employee in a sensitive job, was detained on suspicion of burglary.  Working furiously with the Client to establish his alibi for the time of the theft, Attorney Gardner was able to present enough information to the Detective and District Attorney’s Office concerning her Client that the case was rejected for filing.
  • Pomona: Client, a college student, was arrested for six counts of battery on police officers, resisting executive orders, and public intoxication.  Unfortunately, client’s conduct was captured on videotape.  Attorney Gardner got four counts dismissed and arranged a plea for Client to complete an alcohol awareness class and complete some community service.
  • San Bernardino:  Client, a college student, was arrested for being drunk in public.  Attorney Gardner got case dismissed at first appearance.
  • Rancho Cucamonga: Client was charged with domestic violence for a fight with her boyfriend.  Not remembering that she had been cited to appear in court, Client forgot about the case and did not realize for over six years that she had a warrant for her arrest.  Now living out of state, she hired Attorney Gardner who recalled the warrant and got the case dismissed without Client ever having to come back to California.
  • Rancho Cucamonga: Client, a college student, was charged with burglary.  Co-defendant pled guilty to the charge at the first appearance.  Because Client was afraid a conviction would negatively impact his career goals, he hired Attorney Gardner who resolved the case for an infraction with payment of a fine only.
  • Rancho Cucamonga: Client was charged with carrying a weapon in an airport.  Attorney Gardner got case reduced to an infraction with payment of a fine only.

DUI/DMV Cases
  • San Bernardino: Client was charged with a second DUI. Based on successful argument that the stop of Client’s car was illegal, negotiated for a dismissal of the criminal case. On writ (appeal) of the DMV’s decision suspending Client’s license, the Court overturned the suspension.
  • Pomona Court: Client was charged with driving under influence of drugs. After submitting evidence from the Client’s doctor about her medical condition, the DA dismissed the case.
  • Newport Beach: Client, under 21, was charged with a DUI. Won motion to suppress evidence because stop of Client’s car by police was illegal. Case dismissed.
  • Pomona Court: Client was charged with a DUI. Negotiated a plea to a wet reckless.
  • Rancho Cucamonga: Client was charged with a DUI and refusing to submit to a chemical test to determine his blood alcohol level (which carries a one-year mandatory suspension of driving privileges). After appealing the DMV decision to suspend the Client’s license due to their determination that he refused to take a chemical test, the DMV agreed to overturn the suspension on the basis of the refusal allegation. Client’s license was therefore only suspended in accordance with a regular, shortened period for a DUI only.
  • San Bernardino: Client was charged with a DUI.  Attorney Gardner convinced DA to dismiss DUI count and let Client plead guilty to two traffic infractions for a small fine.  No probation.
  • Riverside: Client was charged with a DUI with an additional enhancement for high blood alcohol level. Won the DMV hearing. The DA agreed to dismiss the enhancement for a higher blood alcohol level, allowing the Client to plead guilty to a DUI with lesser repercussions.
  • Pomona: Client was charged with DUI as well as excessive freeway speed, for which the Court wanted to send him to county jail for 60 days.  Attorney Gardner removed the case from this courtroom and negotiated a much more favorable outcome for client with no custody time.

Juvenile Cases
  • Rancho Cucamonga: Client was charged as an accessory to murder for a gang-related shooting. Successfully defeated DA’s attempt to have Client transferred to adult court.   On day before trial in juvenile court, negotiated an outcome for Client to attend a placement facility. She avoided adult court (as well as any jail or prison) as well as any additional time in juvenile hall.
  • Rancho Cucamonga: Client was charged with felony burglary. Investigation revealed serious problems with DA’s case. Attorney Gardner set the case for jurisdictional hearing (trial in juvenile court). On the day of trial, the DA dismissed the case.
  • Rancho Cucamonga: Client was charged with felony criminal threats. After extensive investigation, Attorney Gardner set the case for jurisdictional hearing (trial in juvenile court). On the day of the trial, the DA dismissed the case.
  • Rancho Cucamonga: Client was charged with felony burglary for acts committed at school. Due to Client’s otherwise stellar record and goal to attend the Air Force Academy, obtained the DA’s agreement to dismiss the case if Client performed certain obligations within a specified period of time.
  • San Bernardino: Client was charged with over twenty felony and misdemeanor vandalism counts. Client had gone on a tagging spree with friends the night before he was going to deploy with the Army, causing thousands of dollars in damages to citizens and businesses. Because Client still wanted to go into the Army, and due to Army restrictions on his enrollment given his case, Attorney Gardner had to carefully craft a resolution satisfactory to everyone. The Client pled to a serious of misdemeanor charges but was not placed on probation. The Client agreed to a certain amount of restitution for the damages and made a lump sum payment. Client deployed!
  • Rancho Cucamonga: Client was charged with assault with a deadly weapon for attempting to run over someone three separate times. Client was in custody when Attorney Gardner was hired. After hotly contested detention hearing, she convinced Court to release client on house arrest. After extensive investigation revealed provocative acts by alleged victim, she obtained a plea to a reduced count. Client received probation. Client avoided further custody, a strike on his record, or the loss of his driving privileges for life.
  • Rancho Cucamonga: 11 year-old Client was charged with battery for a dodge ball game in which another student was injured. Obtained a dismissal of the case.
  • San Bernardino: 17 year-old Client was charged with three felony counts for stealing a car, evading a police officer, and crashing into the police officer’s vehicle. After extensive discussions with the Court and DA, negotiated a plea for the Client to be on felony probation but without a strike offense and without the lifetime driving license restriction. Client was released on probation.
  • Rancho Cucamonga: 17 year-old Client faced second violation of probation in short time frame.  Probation requested the Court to impose substantial custody time in juvenile hall as a punishment.  Convinced the Court to allow the Client to attend a private, live-in therapeutic counseling program selected by his parents instead of serving time in juvenile hall.
  • San Bernardino: 14 year-old Client was charged with felony forcible lewd act against his sister. At contested hearing, convinced the Court to agree to release the Client from custody to live with his grandparents. Due to the police violating the Client’s Miranda rights, negotiated a plea to a reduced charge of sexual battery. The Client received probation and lived with his grandparents. Later successfully petitioned the Court to reunify him with his parents earlier than anticipated.
  • Representative cases in which Attorney Gardner obtained Informal Probation, meaning Clients’ cases would be dismissed with no conviction if clients performed certain actions for the Court within six months:
    • A 12-year old who sprayed a substance into a student’s eyes (Rancho Cucamonga, and in this case, the DA and Court agreed that the minor did not have to perform any obligations for the Court while on summary probation);
    • A 17 year-old Client who was charged with selling drugs and possessing a weapon on campus (Riverside);
    • A 15 year-old Client was took a copy of the master key to the school’s lockers (Rancho Cucamonga);
    • A 17 year-old Client who committed sexual battery (Victorville);
    • A 16 year-old Client who brought a knife to campus (Victorville);
    • A 14 year-old Client who committed sexual battery (San Bernardino)
    • A 16 year-old Client who possessed drugs on campus. Case originally charged as a felony but convinced the DA to amend case to a misdemeanor (Riverside).
  • Representative cases in which Attorney Gardner obtained Deferred Entry of Judgment, meaning Clients’ cases would be dismissed in one year with no conviction if they performed certain actions for the Court:
    • 17 year-old Client who brought a knife on campus (Rancho Cucamonga);
    • 17 year-old Client who set fire to a building on campus, causing thousands of dollars in damage (Victorville);
    • 14 year-old Client who broke into a school and caused damage to school property (Rancho Cucamonga);
    • 14 year-old Client charged with felony vandalism (Rancho Cucamonga);
    • 17 year-old Client charged with breaking into a school, stealing computers, and attempting to pawn them (Rancho Cucamonga).
    • 14 year-old Client charged with felony vandalism for causing over $6,000 in damages while ransacking a house with friends (Rancho Cucamonga).
    • 17 year-old Client charged with possession of marijuana for sale (Rancho Cucamonga)

School Expulsion Hearings
  • San Bernardino County: Represented 14 year old student accused of sexual harassment during expulsion hearing. Hearing Officer dismissed hearing upon my argument of lack of evidence. Student reinstated.
  • San Bernardino County: Attorney Gardner represented student from expulsion hearing through County Board appeal. Student, college-bound with no prior discipline record, was originally expelled for horseplay that resulted in his piercing friend’s skin with a mechanical pencil. County Board agreed that he should not have been expelled by the local school board and reinstated him in school.
  • San Bernardino County: Represented student at expulsion hearing and before local school board. Student was accused of pushing campus security guard. Investigation revealed security guard was initiator of conduct. Local school board refused to follow panel’s recommendation to expel him, resulting in his immediate reinstatement at school.
  • Los Angeles County: Represented student at expulsion hearing for student’s possession of a taped-up pair of scissors which the school believed he was using as a weapon. After lengthy hearing, panel decided not to expel him. The panel agreed that he could attend another traditional school in the district.
  • Riverside County: Student not represented by counsel during the panel hearing.  Panel recommended expulsion.  Family hired me to represent student before local school board, where I convinced them to give her another hearing for various due process violations which took place during the panel hearing.
  • San Bernardino County: Represented student before the County Board of Education only (he had no representation during expulsion hearing or before local school board). Local school board expelled student for bringing an air soft rifle on campus after hours, despite fact that evidence showed he had been playing in the woods with his friend and only came on campus to show the rifle to his teacher (who was not scared by student’s behavior). County Board agreed that student should not have been expelled and reinstated him.
  • Los Angeles County: Represented student at expulsion hearing. Student broke another student’s nose during a fight. During three-hour hearing, proved other student initiated fight and had been taunting Client for years. Panel agreed not to expel her and reinstated her in the district.
  • San Bernardino County: Represented student at expulsion hearing. Student had great grades, was involved in extracurricular activities and had no discipline record. Student had been accused of sexual battery and harassment. Upon complete lack of proof of any misconduct by student, and considering his stellar record, local school board refused to expel him. Student returned to school on behavior contract.
  • Los Angeles County: Represented student at expulsion hearing. Student, with prior discipline record in current and prior district, threatened teacher. Panel agreed not to expel him and was immediately returned to school.
  • Orange County: Represented student at expulsion hearing. School believed student had knowingly injested marijuna-laced brownie. Due to prior discipline involving drugs, school recommended expulsion. Due to student’s young age, inexperience with drugs, and strong family support, convinced panel not to expel student. Instead, student was transferred to another traditional high school within same district at parent’s request.
  • Riverside County: Represented 14 year old student accused of sexual harassment during expulsion hearing. Hearing Officer dismissed hearing upon my argument of lack of evidence. Student reinstated.
  • San Bernardino:  Represented junior high student at expulsion hearing for being under the influence of a narcotic at school.  Convinced panel to reinstate her at school and not expel her.  Student had great grades, family support, and no significant prior discipline history.
  • San Bernardino:  Represented ninth grade student at panel hearing and in appeal to County.  Student expelled for “sexual harassment” for rubbing a female student’s leg.  Successfully convinced County Board of Education to send the case back to the local school board for reconsideration of expulsion.
  • San Bernardino: Represented seventh grade student facing expulsion for third substance abuse offense.  Student was already on a behavior contract which made process of expelling her easier on the District.  Successfully negotiated a settlement agreement with the District’s legal counsel to keep the student in her school under a revised behavior contract.
  • San Bernardino: Represented charter school student accused of making terrorist threats on Facebook against the principal.  Attorney Gardner convinced the school’s attorney to withdraw the expulsion recommendation and permit the student to transfer to a different school of his choice.
Cases Involving Substance Abuse
  • Rancho Cucamonga: Client was charged with felony criminal threats for phone calls he made to victim threatening rape and death. Client had long history of alcoholism and calls were made while Client had been drinking. Prior counsel could not get DA to agree to anything less than one year in jail on a felony count. Bargained for a misdemeanor plea with work release but no jail time based on Client’s willingness to enroll in an alcohol recovery program. Client avoided both a strike and custody time and was able to keep his job.
  • Rancho Cucamonga: Client was charged with felony drug sales. While out on bail for that case, Client was arrested for multiple other charges for additional drug sales, evading, being under the influence, and driving under the influence. He faced many years in prison. After extensive motion practice, successfully negotiated a plea for county jail time on a reduced number of charges, saving Client from prison.
  • San Bernardino: Client had more than a half-dozen felony and misdemeanor cases all stemming from his drug addiction. Client faced substantial custody time. Negotiated a misdemeanor plea (with dismissals of many counts) for Client to attend private rehabilitation program, saving him from custody.
  • Rancho Cucamonga: Client faced spousal rape and domestic violence charges, stemming from an incident with his wife while he had been drinking. While out on bail for that case, Client was arrested for additional felony charges for domestic violence and false imprisonment. Obtained a plea to domestic violence charges only based on Client’s willingness to attend an alcohol recovery program and perform community service. Client avoided custody time, a strike and sex offender registration.
  • Chino: Client faced a felony count for criminal threats and a misdemeanor for exhibiting a deadly weapon. Because of Client’s prior criminal history (including unsuccessful progress on probation), Client faced prison with a strike. Due to proof of his drug addiction and mental health issues, convinced DA to accept a plea for county jail time only on a non-strike offense.
  • Pomona: Client, a college student, was charged with felony drug sales. Negotiated a plea for a misdemeanor count of possession of marijuana with a fine only (no jail and no probation).
  • San Bernardino: Client, on probation for drug offense, arrested for drug possession. Negotiated a plea for new case to be dismissed upon completion of extra NA classes.
  • Rancho Cucamonga: Client faced two separate felony cases. Obtained agreement to enroll Client in Drug Court program.
  • Rancho Cucamonga: Client faced seven misdemeanor counts for a string of thefts from a shopping mall. Negotiated for Client to return to his home state to attend a private drug rehabilitation program. Client received misdemeanor probation and avoided any further custody time.
  • San Bernardino: Client hired attorney Gardner to help him with a violation of probation.  Client had several prior violations and was on probation through the mental health court for felony drug convictions.  Because he had several previous violations, the Court wanted to sentence him to substantial custody time without any further services.  Convinced the Court to allow Client to attend an in-patient dual diagnosis program (Inroads) and to terminate his probation on completion of that program.
  • Pomona: Client charged with felony drug sales.  Negotiated a plea for Client to attend drug diversion classes (resulting in a dismissal of the case upon successful completion).
  • Rancho Cucamonga, San Bernardino and Barstow: For Clients charged with felony and misdemeanor drug possessions, obtained agreements to drug diversion so that offenses would not remain on Clients’ record after they completed drug classes.
  • Rancho Cucamonga: Before hiring Attorney Gardner, Client pled guilty to a felony drug charge and was placed in Drug Court.  He then left the state without permission from Drug Court and a $500,000 warrant was issued.  A year later, after completing a private drug rehabilitation program in another state, Client hired Attorney Gardner to resolve his warrant and probation violation.  Upon recalling the warrant, Attorney Gardner convinced the Court to keep the Client out of custody and re-enroll him in Drug Court to finish his terms and conditions of probation.
Petitions for Factual Innocence/Certificates of Rehabilitation
  • Rancho Cucamonga: Client was a high-ranking public school administrator with aspirations of becoming a school district superintendent.  During ugly divorce proceedings, Client’s wife had him arrested for domestic violence.  The DA’s office rejected the case for filing, but the arrest would have caused Client problems in getting promoted.  Attorney Gardner filed a detailed Petition for Factual Innocence, establishing Client’s good character and the motive for the wife to fabricate the domestic violence claim.  The Court granted the Petition and sealed the Client’s arrest history.
  • San Bernardino: Client was arrested for being an accessory to her boyfriend’s illegal check cashing scheme.  The DA’s office never filed against Client.  After being turned down for employment as a result of her arrest record, Client contacted Attorney Gardner.  The Court granted Attorney Gardner’s Petition for Factual Innocence, agreeing that the police report lacked any detail establishing that Client assisted her boyfriend in any way.  Client’s arrest record was sealed.
  • Chino Hills: Client had extensive prison history.  Because of his remarkable rehabilitation efforts after being released from custody, Attorney Gardner successfully argued for the Court to grant a Certificate of Rehabilitation for the Client.
  • Rancho Cucamonga: Client was arrested for first degree burglary.  After extensive investigation, DA’s office agreed to dismiss the case and not oppose Attorney Gardner’s Petition for Factual Innocence.  Client had real estate license and train conductor license, both of which were in jeopardy due to his arrest.  Client’s arrest record was sealed.