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Criminal Defense Case Results

Oceanside Criminal Defense Lawyer

For more than 34 years, Attorney Richard Duquette has successfully represented clients in a wide variety of cases, ranging from personal injury to criminal defense. Below are a few examples of the positive case outcomes he has achieved on behalf of his clients:

Ryan C. – April 2013

Plea to a reducible felony, H&S 11357(a) Possession of concentrated cannabis. Sales of drugs charges were dismissed. A pitch for H & S 11362.5 and H& S 11362.795 a physician’s medical marijuana recommendation during probation was made. (People v. Lent & People v. Brooks were cited by us). No jail imposed 180 days volunteer work ordered. Ryan C. – April 2013

Luis L. – June 2013

USMC Sargent was charged with breaking two police officer’s legs during an arrest. Investigation revealed client did not directly cause the injuries. Investigation of local business surveillance video camera proved our points. Client pleads to a misdemeanor, no jail. Sentencing terms included PC 1170.9 alternatives to custody, including alcohol and mental health counseling due to combat related and diagnosed PTSD, by a medical professional. Luis L. – June 2013

Andrew S. – May 2013 and April 2014

All felonies and great bodily injury charges dismissed in bar fight. USMC Staff Sargent received Misdemeanor with no jail time. Investigation tracked down two independent percipient witnesses that supported the client’s story. Client also aggressively defended in two week civil suit trial that followed. Andrew S. - May 2013 and April 2014

Patrick W. - December 2013

All felonies dismissed in Bar Fight, resulting in a broken jaw. USMC Captain received a misdemeanor with no Jail time. Patrick W. - December 2013

Harry B.

Hung Jury (11-1 for Not Guilty) in a felony DUI where a drunk pedestrian walked into the middle of the dark road and was run over. Client had a .18 Blood alcohol level. Tried by Attorney Generals office – Vista

Dan P.

Insurance fraud. He was a paralegal in an Orange County Law Office. Judge Robert (construction defect expert) presided – San Diego.

Road Rage Mother (Patricia)

Hung Jury and Guilty for hit and run, assault with deadly weapon on slaughter alley in Oceanside. Excessive bail reversed on appeal by writ of Habeas Corpus – Judge Lisa Guy-Schall. Trial Judge David Ryan – Vista.

Michael C.

Hit and Run trial in Judge Zalman Schere’s Court on Christmas Eve – Vista

Keith C.

Hung Jury in a PC148 case. Retired case a second time. New Murrieta Court. Visiting LA Trial Judge who handled Tony Serra’s SLA bombing soccer mom case presided.

David H.

Burglary and receiving of almost $1,000,000 in stolen antique jewelry. Judge Gill presided – San Diego.

Joe F.

Mistrial – Felony PC69, 422, & 148 – disobeying and terrorist threats to a CHP Officer over a ticket on a motorcycle dispute. Defense believes the mistrial was granted the prosecution because they judge could see the prosecution was loosing and the Judge openly admitted he was a “strict conservative”. The CHP’s wife was a local prosecutor.

Scott T.

Dismissal during trial – in a co-defendant auto theft – receiving stolen property case. Judge Maino presided – Vista.

Roger

Not Guilty – Assault with a deadly weapon – tire iron – at a Shell gas station in Leucadia. Roger lost patience with drunk teenagers who tried to steal gas, then made fun of his tall and unusual appearance.

Lance R.

Not Guilty (in 15 minutes) of burglary and receiving $25,000 worth of stolen stereo equipment. Judge Morgan Lester presided – Vista

Guadalupe

Not Guilty – Possession of 26 pounds of marijuana for sale. Prosecutor tried to strike all minorities from the jury. San Bernardino’s historic main courthouse.

Marie B.

Not Guilty – Petty Theft from a department store. Police had a signed written confession. Judge Ramirez presided – Vista

Rosalinda M.

Not Guilty – Petty Theft from Albertsons. Disabled single mother shopping with her son was falsely accused. The store surveillance tape was destroyed. Tried by the Attorney General’s office. Mr. Duquette did the Jury Trial for free. Judge Meza presided – Vista.

Dagaberto L. R.

(Not Guilty, Hung jury& Guilty) on a variety of charges – Kidnapping, Terrorist Threats, Assault with a deadly weapon, Spousal Abuse. X-wife claimed he cut her with a box knife and drove away with her in the car. Rivera said they were on lovers leap, argued and she set him up for a loss of child custody in a divorce. (This was the picador – matador case) Judge Maino presided – Vista.

Mindy W.

Hung Jury – Federal drug smuggling and distribution trial in San Diego. Defendant had been arrested months earlier with similar circumstances – but was released as passenger. This time, she was duped into driving across the border after assurances the car was clean. Mindy – a 22 year old single mother – went home with her son for Christmas after the trial. Judge Whelan presided – Federal Court – San Diego.

Jesus S.

Not Guilty on attempted murder; 9-3 for not guilty on lesser included offences. S. shot a man who approached his pick up truck. Three shots hit – one head shot, one shoulder, and one in back. S. fled for 6 months the returned to trial. Proved aggressor was a neighborhood bully, so he shot in self defense. S. feared the aggressor had a gun because he made motions like he had one. S. out drew the aggressor. No aggressors’ gun was found. S. was protective of his wife, two daughters and small son. Judge Maino presided – Vista.

Andreas H.

Not Guilty on Reckless Boating (2006) Jury Verdict 8-4 NG – case later Dismissed. Two sail boaters complained my client drove fishing boat past them and caused a big wake. Mr. H had no criminal history and was returning from marlin fishing with a friend; near Oceanside Harbor. On cross exam it was discovered the complaining sail boaters were related to a Harbor Patrol Officer. Judge Hockett – Vista

Larry B.

Felony Assault with a Deadly Weapon (Gory photos case) – Vista Jury 6-6 dead lock. (2006) After the verdict deadlock 6-6 mistrial declared – case settled for a reduced charge and credit for time served. Restitution ordered. Client avoided lengthy State Prison sentence. (old & New cases) My client (in self defense) fought off a drunk roommate who sustained bad facial injuries after falling into a glass living room table (15 stitches and 2-3 facial fractures). Prosecution blew up the victims hospital photos. Prosecution got consciousness of guilt instruction as my client left scene. My client admitted “kicking the s… out of victim.” My client had an extensive criminal history. Judge Casserly – Vista

Samuel D-L

Samuel D-L. (8/24/09) Not Guilty on 2 Felony Rape charges. After a two week jury trial, Mr. D-L received two not guilty jury verdicts after just one hour of deliberation in a Vista rape case. The swift verdict was a contrast to the seven months Mr. D-L spent in jail pending trial, because he was unable to afford bail. Extensive investigation and several pre trial motions were key to uncovering the alleged victims long history of alcoholism and resulting delusional behavior. She previously had filed a complaint against another maintenance man at a nearby apartment complex, then against Mr. D-L. She then testified Mr. D-L’s successor was following her on seventeen different occasions. Moreover, she claimed to have been raped while unconscious after drinking a can of beer and falling into a deep sleep on her living room couch. Whereas, the menstrual blood and semen stains as well as their location on the sheet covering the couch contradicted her position on the couch and her story. Mr. D-L testified the sex was consensual, as it had been two times before where he paid her $50 dollars each time. On this occasion (a day later) she asked for another $50 dollars for the sex but became upset when Mr. D-L didn’t pay as she came on to him while he was repairing a apartment towel rack at her request. Also, he was broke. The jury verdict enabled Mr. D-L to return to his wife and two children and to continue caretaking his eighty year old friend who is on oxygen due to illness. As with all innocent defendants, he cried upon a reading of the verdicts, so did his family. Mr. D-L avoided prison, deportation and lifetime sex registration as well.
Law Firm of Richard L. Duquette - Oceanside Criminal Defense Attorney
3642 Ocean Ranch Blvd., Oceanside, CA 92056
Phone: (760) 545-5563 | Local Phone: (760) 730-0500.
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