Filipina felony conviction reduced to misdemeanor

ON February 27, 2015, the Hon. Keith Schwartz, Presiding Judge of Department 144 at the Los Angeles Airport Courthouse, sentenced a Filipina to 3-year summary probation with suspension of imposition of sentence with 6 days credit, 45 days of community service, payment of restitution, plus fines and assessments.

She pled “no contest” to violation of Vehicle Code Section 10851(a), unlawful driving or taking of a vehicle, charged as a felony, but reducible to a misdemeanor as a “wobbler”, upon proof of payment of the restitution to Fox Rent A Car for car rental fees, completion of the 45 days of community service, and other terms of her probation.

Due to the credit of 6 days for custody time, per plea negotiations with Deputy DA David Sdrorr by the Author, who represented the Filipina a private counsel, she avoided jail time sentence.

Moreover, the Hon.Keith Schwartz indicated his willingness to reduce the felony conviction to misdemeanor.  Indeed, Section 10851(a) of the Vehicle Code is punishable by imprisonment in a county jail for not more than one year, a misdemeanor.

But because the Filipina defendant had also committed a probation violation (she was convicted of grand theft under Penal Code Section 487(a) on January 27, 2010 and placed on 5-year probation), she was charged with a felony complaint for violation of Vehicle Code 10851(a).  At the time of her arrest, she had a $25,000 outstanding warrant for her arrest for larceny.

Driving an embezzled rent a car Dodge Charger:

On or about September 9, 2014, a Beverly Hills Police Officer heard the dispatch broadcast information of an Automatic License Plate Reader stolen vehicle hit of Nevada plate no. 916LTR.  The Officer observed the vehicle traveling eastbound Wilshire Boulevard, approaching Almont Drive.  The vehicle was occupied by two females.

Both were detained after the felony traffic stop.  The driver was the Filipina named in the stolen vehicle report.  She admitted having rented the embezzled vehicle from Fox Rent A Car, but stated that the company had stopped charging her and would have returned the car if the rental car place had called her.

At the time of the sentencing, Judge Keith Schwartz asked the Filipina defendant why she did not return the car.  She remorsefully answered:  “Stupidity!’’

Court’s concern for payment of restitution to larceny victim:

The grand theft conviction in 2010 was committed by the Filipina defendant against an elderly lady, she took care of as a caregiver.  She took $7,500 from her.

Only after she had paid off the $7,500, did Judge Keith Schwartz reinstate her probation in the grand theft and exonerated the bond she had posted for her warrant of arrest.

The Author negotiated the dispositions in both felony cases that allowed the Filipina defendant to be out of jail.

The moral of this case is that most criminal defendants are good people, they just make stupid decisions.

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The Author, Roman P. Mosqueda, aside from a VA-Benefits Certified Attorney, has done pro-bono work for Filipino World War II veterans. He is the Chairperson of the Board of Advisors of Asian Pacific Centers for Treatment and Counseling, the largest fee-for-service, private agency for mentally-ill in the United States, based in Los Angeles County. Send comments, inquiries to [email protected], or call (213) 252-9481 for free consultation appointment. Visit his website at www.mosquedalaw.com and EzineArticle.com to read his other articles.

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