Cummins & White, LLP

Case Results Summaries

A Government Contractor's Felony Grand Theft Convictions are Expunged and His Sentences Terminated Early

Cummins & White, LLP, successfully represented a government contractor who had been previously convicted of two counts of felony grand theft and sentenced to three years probation. The contractor was permitted by the Court to withdraw his guilty pleas, terminate his probation early, and expunge his record. He is now able to compete for government business without a criminal record.

The contractor was experiencing difficulty maintaining employment with a felony criminal record and sought assistance from Cummins & White in submitting a request to the Court for modification of his sentence from felony to misdemeanor, withdrawal of his guilty plea, and termination of his probation. Mr. Iman Reza of Cummins & White represented the contractor, and was successful in arguing all three points. In fact, Mr. Reza was able to clear the contractor's criminal record as if nothing had ever happened.

According to California law (Penal CodeSection 1203.3), the court shall at any time during the sentence, have authority to revoke, modify or change the term of probation. When the good conduct and reform of the person on probation shall warrant it, the court may terminate the period of probation, and discharge the person so held.

Moreover, Penal Code Section 1203.4 permits defendants, previously convicted of a felony or misdemeanor, who have successfully completed probation or have been discharged early, to have their case dismissed. If the petition is granted, the person must be released from all penalties resulting from the conviction. Perhaps the most significant benefit applies to future applications for employment. By regulation, a private employer cannot ask a job applicant about the convictions dismissed under Penal Code 1203.4. (Cal.Code Regs 7287.4(d).

Mr. Reza proved his client to be an upstanding citizen who in his pursuit to earn a living was unfairly discriminated against based on two regrettable acts. The Court agreed with Mr. Reza, terminated probation early and expunged the criminal record, including two felony guilty pleas.

Young Man Acquitted of Felony Assault and Battery Charges
Charles T. Spagnola of Cummins & White, LLP, successfully defended his client at trial avoiding felony domestic violence conviction and possible seven year state prison commitment.

A young man (20) faced three counts of assault and battery with great bodily injury including assault with intent to commit great bodily injury after his girlfriend (alleged victim) of two years falsely reported to police that he punched her in the face and broke her nose after an argument. Key testimony elicited at trial from a nurse at the hospital confirmed that her nose was broken. However, the nurse also testified that the alleged victim denied abuse during an intake interview. The alleged victim obtained a restraining order after telling police the young man had beaten her up five times over the last two years.

Mr. Spagnola thoroughly investigated the validity of the claims against his client. He revealed substantial inconsistencies among the different accounts the alleged victim told to the police, the hospital and at trial. He also successfully exposed the alleged victim’s obsessive, controlling and promiscuous conduct as well as consistent and frequent vindictive and outlandish behavior directed toward the Client. As a result of Mr. Spagnola’s skillful cross-examination during trial, it was discovered that the girl’s claims were provoked by the young man’s attempt to end the relationship. The jury found Mr. Spagnola’s client not guilty of all charges.

Balloon Vendor Avoids Criminal & Civil Charges in Employee Car Accident
Cummins & White, LLP successfully assists balloon advertiser by avoiding criminal charges and significant fines.

A dealer in commercial advertising balloons and balloon decor potentially faced 11 hazardous materials transportation and vehicle code regulations after one of its employees was killed in a single-car accident while driving from Orange County, Calif., to Las Vegas.  The employee had fallen asleep at the wheel, and the van, which was loaded with 12 helium canisters weighing 150 pounds each, struck a tree.  The employee had failed to secure the canisters prior to his drive, and as a result, the canisters pinned the driver to the steering wheel, resulting in his death.  Investigators, including the California Highway Patrol, the California Department of Motor Vehicles, and the San Bernardino County Sheriff's Department, alleged that the dealer did not have a valid hazardous materials transportation license, among other alleged violations of transportation and vehicle code laws. 

Charles T. Spagnola of Cummins & White, LLP represented the dealer, working with the client to formalize existing operating and safety procedures, providing these protocols to investigators, and presenting evidence to investigators showing that the driver violated many of the company's established safety procedures.  Mr. Spagnola also immediately responded to his client's call when investigators arrived at the client's place of business to search the company's maintenance documents, ensuring that a warrant was obtained before the investigators could enter.  Once a warrant was obtained, Mr. Spagnola observed the search.  Due to Mr. Spagnola's efforts, the case was not referred to the San Bernardino County District Attorney's Office and no criminal charges were filed.  Additionally, the client avoided fines in excess of $100,000 and the possibility of future civil liability claims in connection with the accident.

Balloon Vendor Transporting Too Much Helium Escapes Crippling Fine
Cummins & White, LLP successfully represents small business owner, helping them to avoid hefty fines and a criminal record.

An Orange County-based dealer in commercial advertising balloons and balloon decor was transporting 51 cylinders of helium to a job site in a box van.  The driver failed to stop at a California Highway Patrol inspection facility and was cited for multiple equipment violations and for lacking a valid hazardous materials transportation license, among other violations.  Fines for the citations totaled $29,000.  Mr. Spagnola represented the balloon advertiser, wherein he personally appeared before the Superior Court Judge in Merced County and explained that the balloon advertiser was a small company, the owners were not aware that a hazardous materials transportation license was required, and the driver assumed that because he was driving a box van that he did not have to stop at the scales.  Mr. Spagnola also explained that after the owners received the citation, the owners contracted with a gas provider, preventing this problem from reoccurring.  After listening to both the defense and the prosecution, the Judge assessed a fee of only $2,000 for court costs, and the separate charges against the driver were dismissed.  By avoiding criminal charges, the owners were able to avoid costly fines and a criminal record, enabling them to stay in business. 

Young Man Avoids Criminal Record for Carrying False ID
Cummins & White, LLP successfully negotiated a reduced sentence for defendant.

Cummins & White, LLP successfully represented an 18-year-old man, who was charged with misdemeanor possession of a false identification, speeding, and driving without proof of insurance.  The client had been driving in Orange County, California, when he was pulled over by the California Highway Patrol for speeding.  The officer discovered a second identification behind the driver's original license.  The prosecution made an initial pre-trial offer that included pleading guilty to a misdemeanor, a fine of $1,000, probation, community service, and a driver's license suspension for one year.  Mr. Spagnola of Cummins & White was able to negotiate reduced charges and a sentence that included probation, out-of-state community service (where the client attended college), and minor court costs.  Mr. Spagnola helped the client avoid a misdemeanor conviction and the resulting lifetime criminal record, as well as avoid a suspended license and the associated insurance implications.

Petroleum Carrier Avoids Steep Penalty Associated with Rare Violation
Cummins & White, LLP successfully negotiated a dismissal of all charges against the defendant.

Cummins & White, LLP successfully represented a commercial hazardous waste transporter cited for failing to list an emergency response telephone number on a bill of lading, among other violations.  Failing to list an emergency response telephone number on a bill of lading is a misdemeanor offense, carrying a potential minimum fine of $40,000.  After carefully researching the facts and issues involved, Mr. Spagnola discovered that the manufacturer of the fuel, not the transporter, inadvertently omitted the emergency response telephone number, and the transport driver, who was busy picking up the load, failed to notice this omission.  Mr. Spagnola worked with the fuel manufacturer to prepare a declaration stating that a computer malfunction caused the omission of the telephone number from the bill of lading.  As a result of Mr. Spagnola's efforts, he was able to negotiate a dismissal of all the charges, including the equipment infractions, and no fines had to be paid.

Skilled Negotiations Save Driver From Serious Conviction & Substantial Fine
Cummins & White, LLP successfully negotiated a reduced sentence for defendant.

Mr. Spagnola successfully represented a defendant in a hit and run case.  The defendant had an extended business lunch, where he consumed one alcoholic beverage.  After driving back to his office, the California Highway Patrol contacted the defendant, claiming that he was responsible for a hit and run accident on a freeway in San Bernardino County, California.  The alleged victim claimed the defendant made an illegal lane change, which caused the victim to lose control of his car and crash into the center divider.  The victim and his passenger were slightly injured, and the car was totaled.  Even though two witnesses corroborated the victim's version of the facts, the defendant asserted that he was not involved in any freeway accident.  Mr. Spagnola, representing the defendant, discovered several weaknesses in the prosecution's case against his client. Cummins & White's investigation and findings, including a restaurant receipt showing limited alcohol consumption at lunch, convinced the District Attorney to pursue lesser charges.   Mr. Spagnola successfully negotiated for restitution to the victim to be made through the client's insurance carrier, a nominal fine, and a guilty please to a less serious driving infarction.  Importantly, the client avoided a trial with the potential for a misdemeanor conviction for leaving the scene (up to one year in jail) and a $1,000 fine.