ARMED POSSESSION OF NARCOTICS FOR SALE / POSSESSION FOR SALE WHILE ON PROBATION
Mr. Bajaj's client, a 22 year old young man battling a debilitating opiate addiction was arrested for Possession for Sale of Oxycodone, Transportation of Oxycodone, Transportation of more than 28.5 grams of hashish, Carrying a Loaded Firearm, and Possession of a Firearm by a Felon. The client was in possession of a semi-automatic handgun at the time. Being armed while in possession of a narcotic for sale carries a mandatory additional prison sentence. This is an allegation that the District Attorney's Office does not routinely negotiate in regards to. In this case, Mr. Bajaj's client was facing 5 years for the drug sales charge and an additional 5 years for the gun enhancement. To make matters worse, his client was already on probation for a drug sales arrest and was ordered to serve a mandatory 3 years in prison if he were to violate even once. The family came to the Law Office of Vikas Bajaj, APC after meeting with their attorney at the time, who informed them that the client would have to accept a plea carrying a prison sentence of at least 6 years.
Mr. Bajaj began by reviewing all investigation reports for the most recent case. He received a multitude of documents that the prior attorney did not have; these were very important pieces of evidence. He move aggressively and reopened the prior case as well. It became clear that his client was losing the fight with drug addiction; Mr. Bajaj worked to prove that each criminal act was a direct result of his client's drug addiction. He coordinated psychological and drug addiction evaluations so that the court would have a better understanding of his client.
After many months of preparation and strategic negotiation, Mr. Bajaj was successful. He convinced the prosecutor to allow a negotiated plea only 1 of the 5 felonies with allegations that his client was facing. The court agreed with Mr. Bajaj's argument that his client should not be sentenced to prison, or any custody for that matter.
The result? Six months of residential rehabilitation. Probation on BOTH cases. NOT A SINGLE DAY IN CUSTODY.
DECLARATION OF FACTUAL INNOCENCE IN SEX CRIMES CASE
Attorney Vikas Bajaj achieved a complete dismissal in a multiple count, multiple allegation, multiple victim sexual molestation case. Before Mr. Bajaj agreed to begin representation, his client was facing multiple life sentences. When Mr. Bajaj was done investigating, litigating, and presenting his case, the court dismissed each and every allegation in the case. A description of this case has been published on this site earlier.
The dismissal was not enough for Mr. Bajaj. He felt strongly that his client's record should be TOTALLY CLEARED. Many attorneys will tell you that a dismissal of the case is the ultimate victory. Mr. Bajaj believes the ultimate victory occurs when the court says, "YOU ARE INNOCENT" in addition to dismissing the charges. Mr. Bajaj fought hard to have the court utter those very words. In the end, he was successful. Mr. Bajaj demanded that each and every page of material in this case be stamped "EXONERATED" and destroyed. He demanded that all documents produced by the Sheriff's Department, District Attorney's Office, Child Protective Services, the Department of Justice, and the Superior Court of California be destroyed. His demands were entered. There is absolutely NO RECORD of Mr. Bajaj's client's arrest and criminal case.
Most attorneys will tell you this cannot be done. Mr. Bajaj will find a way to get it done. He has proven success in this area.
PRESCRIPTION FRAUD WITH STRIKE PRIOR
A college student close to graduation contacted The Law Office of Vikas Bajaj, APC since he had recently been arrested for TWENTY-THREE (23) felony counts of prescription fraud, burglary, and identity fraud. He was fighting an addition to opiates and was losing. Mr. Bajaj put him in contact with a drug addiction specialist, who worked tirelessly to create a treatment plan to give his client the tools to deal with his addiction.
The biggest problem, however, was the fact that Mr. Bajaj's client had been convicted of a felony STRIKE just years before. The District Attorney's Office refused to eliminate the strike so that Mr. Bajaj's client could receive a grant of probation. Mr. Bajaj move strategically to gain the dismissal of TWENTY (20) felony counts. He convinced the court to ignore the prior strike. He convinced the court that the ongoing criminal actions were merely a result of his client's battle with addiction. In the end, the court agreed with Mr. Bajaj and granted PROBATION. His client was ordered to complete ongoing outpatient therapy. His client walked out of court without having to serve a day in jail. The District Attorney's Office voiced a strenuous objection in court. Mr. Bajaj was victorious.
Most attorneys have not had the success Mr. Bajaj has experienced when representing those who have suffered a prior STRIKE. He is a strong negotiator and persuasive force in court who works tirelessly to achieve the best result possible.
CLIENT ACCUSED OF TRYING TO RUN HIS WIFE OVER IN HIS CAR, THEN FLEEING THE SCENE
Mr. Bajaj's client, a radiologist shared 2 children with his wife. The couple had many disputes, which resulted in mutual restraining orders and allegations of abuse. His client, a professional in the medical care field, was accused of attempted to run his wife over while driving his vehicle. She suffered a loss of consciousness, scrapes, bruises, bone injury. Mr. Bajaj's client fled the scene after his vehicle hit his wife.
He was facing TEN YEARS in prison and MULTIPLE STRIKES. His client was represented by the Public Defender's Office before hiring the firm. He was a state prison commitment. Mr. Bajaj immediately coordinated an aggressive investigation plan. He was able to locate witnesses that were able to confirm that his client's wife was not a credible witness and should not be believed. He cross-examined his client's wife and the investigating officer and was able to find the weaknesses in the prosecution's case.
The result? A misdemeanor and a fine. No felony. No strike. No custody. Mr. Bajaj is an aggressive attorney with proven results.
INTERNATIONALLY PUBLICIZED DRUG RAID AT SAN DIEGO STATE UNIVERSITY
Recently, a nationally-covered large scale drug investigation led to the arrest of almost 90 individuals in the San Diego area. State and federal authorities were investigating narcotics activity on and around San Diego State University, the largest college campus in San Diego County. The investigation led to the arrest and convictions of many students and non- students. Authorities believed Mr. Bajaj's client, who was not attending the university, was supplying the large amounts of cocaine to the campus. He was targeted by law enforcement as the highest level distributor of cocaine. The District Attorney's Office alleged Mr. Bajaj' s client had direct ties to a Mexican drug cartel and had access to large amounts of narcotics and finances. His client had been convicted of Possession of Cocaine for Sale in a prior case, which increased the potential punishment substantially. Punishment enhancements for the weight of cocaine were added as well. Mr. Bajaj thoroughly evaluated and investigated the case. He filed an exhaustive Motion to Suppress all evidence seized and used against his client. He went to the extent of hiring a private DEA certified chemist to re-weigh the seized narcotics. Both moves proved successful. After rejecting prison terms in the double- digits, Mr. Bajaj offered to settle the case for one additional year in custody (his client had six months of credit at that time) to be served in a drug treatment custody program. The District Attorney's Office accepted. This resolution, like many others created at the hands of Mr. Bajaj, is a clear example of his success as a criminal defense attorney.
DRUG ENFORCEMENT AGENCY (DEA) "OPERATION BLOODSUCKER" REVEALED MR. BAJAJ'S CLIENT TO BE A LARGE SCALE SUPPLIER OF COCAINE IN SOUTHERN CALIFORNIA
During an extensive federal and state investigation called "Operation Bloodsucker," Mr. Bajaj's client was arrested and accused of being a high- quantity supplier of cocaine. The federal government received authorization for a wiretap, which led to the exposure of large scale narcotics activity from Los Angeles to San Diego. Mr. Bajaj's client seemed to have everything going against him. He had a felony strike conviction, had many other felony convictions, and even had a cocaine distribution conviction. In fact, his client was released from a fourteen (14) year federal sentence only two years before being arrested as a result of Operation Bloodsucker. Seizures of well-over six (6) kilograms were made and linked directly to his client. Mr. Bajaj aggressively moved to suppress all evidence collected as a result of the wiretap while demanding the exposure of an ongoing investigation at the same time. In the end, the court praised Mr. Bajaj's work and even recommended Fire Camp for his client.
FELONY CHILD ABUSE WITH GREAT BODILY INJURY
A young man and new father was accused of causing serious bodily injury to his two month old son. The mother of the child made statements to Child Protective Services, the doctors, and law enforcement. During the first court appearance, the prosecutor stated that Mr. Bajaj's client intentionally caused injury numerous times over the course of a substantial amount of time. The prosecution also told the judge that Mr. Bajaj's client admitted to committing the acts. After deciding to represent this individual, Mr. Bajaj moved aggressively to orchestrate the investigation. His staff of investigators located witnesses and other important information for Mr. Bajaj. The investigation revealed another potential cause of the injuries, which included two broken legs and six broken ribs.
Mr. Bajaj retained an expert in pediatric injuries to evaluate each of the reports and testify, if needed. When confronted with an alternative cause of injury and a defense expert who found a unique type of injury that could not have been caused by actions the prosecution described, the prosecution was forced to accept Mr. Bajaj's offer of probation. His client was placed on probation and avoided a double-digit prison sentence.
POSSESSION OF ILLEGAL ASSAULT WEAPONS, SILENCERS, AND VENOMOUS SNAKES
While responding to a domestic violence call, an investigation began after a man made verbal threats while breaking a window of a San Diego Police Department Detective's house. Emergency law enforcement, including SWAT, was called to respond. Information was given to law enforcement that the individual had possession of more than 25 weapons. While searching for the individual, officers searched his house, locating numerous prohibited weapons, many pounds of explosives, and more than two dozen dangerous venomous snakes.
Responding to great political pressure, the federal government began actively seeking prosecution on all weapons offenses. A large number of the weapons found here were strictly prohibited and included an AK-47, a modified SKS, and a number of semi-automatic firearms equipped with silencers. A primary goal was to prevent the federal government from prosecuting the case and encourage the state to move forward instead in order to avoid more severe punishments in federal court.
The state moved forward and Mr. Bajaj successfully argued to lower his client's bail from $500,000 to $50,000. Mr. Bajaj, in direct comparison to many other defense attorneys, believes in thorough representation. He researched the legislative intent behind the weapons laws in this case, coordinated investigation in the case, and examined the weapons.
In this highly publicized case, Mr. Bajaj secured the dismissal of 28 charges, successfully protected his client from ANY jail time and ensured his record would only show a misdemeanor conviction.
FALSE ALLEGATIONS OF CHILD MOLESTATION. MR. BAJAJ SAVED HIS CLIENT FROM MULTIPLE LIFE SENTENCES
A very well-established computer programmer working in Southern California was accused of long-standing sexual abuse of his two step-daughters. The allegations carried a MULTIPLE LIFE sentence. The client was a former Marine and worked his way to becoming one of the most influential computer programmers in the nation. Mr. Bajaj decided to take the case and immediately moved to coordinate investigation. His staff of investigators followed his direction and collected numerous statements, photographs, and other evidence.
The prosecution did not budge, they were convinced that Mr. Bajaj's client was guilty and would settle for nothing short of a life sentence. Mr. Bajaj, however, pushed hard at every level to prove his client's innocence. He pushed forward to a Preliminary Hearing, which he feels is one of the most important hearings in a criminal case. He cross-examined each of the prosecutor's witnesses. Most defense attorneys do not summon their own witnesses to testify at the Preliminary Hearing, but Mr. Bajaj does. He did so in the this case, which proved to be the right move. In the end, Mr. Bajaj convinced the judge to DISMISS ALL CHARGES against his client. His client was released that day to his family and no longer faced MULTIPLE LIFE sentences.
MR. BAJAJ RETAINS EXPERTS TO HAVE FELONY HIT AND RUN (DEATH) CASE DISMISSED
In a highly publicized case, a young man was arrested for suspicion of Felony Hit and Run Resulting in Death. Extensive investigation linked a car he was operating to one left dead on North Torrey Pines Road in La Jolla, California. The young man was already on felony probation and was ordered to stay in custody with no bail as a result.
His family hired a large law firm, which marketed itself extensively. They met with a case manager who guaranteed a great result. In the end, the firm could not deliver. The client's family was eventually referred to Mr. Bajaj, who agreed to take the case. Mr. Bajaj immediately filed motions to gain access to more police reports and other evidence in the case. He negotiated aggressively with the prosecution. He petitioned the San Diego Police Department for an order blocking the entire road for many hours to allow Mr. Bajaj, his investigation team, and expert witnesses to conduct a full blown reconstruction of the accident. This was no easy task, but Mr. Bajaj had the experience and aggressive tactics to get it done. His petition was granted and the reconstruction went forward.
In the end, the reconstruction worked to the client's benefit. Mr. Bajaj convinced the prosecution to eliminate the probation hold and release his client. The final result? DISMISSAL of the entire case. The dismissal was also highly publicized and Mr. Bajaj's client's name was cleared.
