Case Results

Juvenile Cases

• Rancho Cucamonga: Client was charged as an accessory to murder for a gang-related shooting. DA attempted to have Client transferred to adult court. On day of that hearing, negotiated an outcome for Client to remain in juvenile court and attend a placement facility. She avoided adult court and any jail or prison.
• 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.
• 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 student who was alleged to have committed two acts of sexual battery (Victorville);
  • A 16 year-old student 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).

School Expulsion Hearings

• San Bernardino County: Attorney Gardner represented student from expulsion panel 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 panel 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 before expulsion panel 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.
• San Bernardino County: Represented student before the County Board of Education only (he had no representation during panel 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 before expulsion hearing panel. 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 panel 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.
• Orange County: Represented student at expulsion panel 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.