Criminal defense lawyers serving: Stanislaus, Sonoma, Tuolumne, Merced, San Joaquin Counties - and Federal Courts in Sacramento and Fresno

Defense Investigation Frees Client

September 1, 2011 – Colby Browning was charged with attempted murder for a near-fatal stabbing that he did not commit.   Kirk McAllister conducted a more thorough investigation than the police did and proved who actually committed the crime.  When he turned over his investigation to the prosecution, the District Attorney began prosecution of the actual perpetrator and dismissed all charges as to Browning. 

“It’s scary facing life imprisonment for a crime you didn’t commit, but I never lost confidence in Kirk,” said Colby Browning.  “His thorough investigation and take-no-prisoner attitude saved my life.” Case no. MF50736

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Your Home is Your Castle – Until CHP Arrives

August 3, 2011: Under the Constitution, the home enjoys the greatest protection against warrantless government intrusion.  In this case CHP officers investigating an unwitnessed solo rollover accident invaded the client’s home without a warrant seeking to arrest him.  In denying consent to enter, another occupant had asked if they had a search warrant: “We don’t need a warrant” was the arrogant reply.  Kirk McAllister took the CHP back to school on the Fourth Amendment during a two-day long motion to supress evidence, including breathalizer results.  The judge ruled that all evidence had to be supressed as the result of an illegal entry in violation of the Fourth Amendment. (Case No. 1413577)

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Pre-Arrest Delay Sinks Prosecution of Nurse

August 1, 2011- One effect of the sagging economy may be delayed investigations because layoffs and furloughs result in larger caseloads for fewer investigators.  How does that impact the citizen’s right to a speedy trial?  In a recent case Mr. McAllister succesfully argued that his client’s speedy trial rights were violated when the California Department of Consumer Affairs criminal investigator took too long to bring the case to the District Attorney for issuance of a complaint.  Because this prejudiced  the client’s right to a speedy trial, the judge dismissed all eight counts. (Case No. 1419165).

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McAllister Foils Mortgage Fraud Prosecution

August 18, 2011- The prosecution considered the mortgage fraud case a “slam dunk,” but Mr. McAllister didn’t agree and delivered a hung jury after a two-week long trial. “Kirk McAllister, Burdg’s attorney, said he was not surprised the trial’s outcome was a hung jury, knowing how the stories from both sides conflicted with each other. ‘It was obviously a very hardworking jury,’ McAllister said.” Modesto Bee, August 19, 2011.

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Acquitted of Homicide in Stanislaus County

Jury Acquits Dairy Owner of Double Homicide Charges Brought by Cal OSHA:
A dairy owner was charged with two counts of felony manslaughter by Cal OSHA after two of his workers descended into a four foot by four foot concrete manure pit and were overcome by the gasses trapped there. McAllister’s cross-examination of the Cal OSHA officials focused on e-mails where they discussed their plans to make the dairyman look “Bad”. The jury found the dairyman not guilty, after which the foreperson lambasted Cal OSHA from the jury box! (See Modesto Bee, September 21, 2004, Dairy Farmer Found Not Guilty In Deaths)
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Baby Murder Charges Dismissed

Defense Investigation Results in Dismissal of Baby Murder Charges:
In a highly emotional case involving the death of a two year old baby, McAllister’s investigation proved that his client was not the person responsible for the homicide. When presented with this information, the District Attorney dismissed all charges against McAllister’s client two weeks before jury trial. (See Modesto Bee, November 26, 2007)
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Felony Charges Dismissed in Toxicology Investigation

Defense Toxicology Investigation Results in Dismissal of All Felony Charges:
A worker claimed that his employer, an international nut grower and distributor, had caused him neurological damage by exposing him to methyl bromide. Kirk McAllister conducted his own toxicological investigation which proved that the man had not been injured by the chemical. The prosecutors were thus forced to dismiss the felony charges before trial. (See Los Angeles Times, January 20, 2007, Rancher Cleared of Poisoning)
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Bail Reduced to ZERO in Merced County

Charged with fifteen felonies, Rudy Buendia was held in custody in lieu of $266,000 bail. As a result of a motion brought by his attorney, Kirk W. McAllister, Mr. Buendia was released on September 17, 2008 on his promise to appear without the necessity of posting bail.

“Mr. McAllister said his first priority was getting Buendia out of jail, now he’ll turn his attention to the reams of reports to read. ‘It’s our job to fight these charges,’ Mr. McAllister said, ‘and vindicate him in court.’”

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Illegal Marijuana Search in Stanislaus County

MARIJUANA CULTIVATION THROWN OUT AS AN ILLEGAL SEARCH:
When police responding to a domestic violence call made a warrantless “protective sweep” of the house, they discovered marijuana being cultivated.  Based on the initial observation they then obtained a search warrant.  Kirk McAllister brought a motion to suppress the evidence of cultivation as the result of a violation of the Fourth Amendment.
The trial court judge ruled against him, but on appeal the court held that McAllister’s position was correct and suppressed all the evidence as the result of an illegal search.  (People v. Kiryakoz, Superior Court Number 1093389, Appellate Number F054463 filed February 19, 2009, unpublished)
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Not Guilty of Vehicular Manslaughter – Stanislaus County

Kirk McAllister defended the driver charged with vehicular manslaughter after his passenger was killed in a tragic automobile accident.  After Mr. McAllister argued that the accident was caused by another vehicle which fled before the police arrived, the jury found his client not guilty.  (People v. Nelson, Superior Court Number 1238845, January 8, 2009)

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Stanislaus County Jury finds Defendant Not Guilty

NOT Guilty of Felony Assault:

Juries are still the backbone of our justice system.  When his client was charged with felony assault, Kirk McAllister requested a jury trial and convinced the jurors that his client was merely acting in self defense. The result: a not guilty verdict. (People v. Lusk, Superior Court Number 1238131, July 31, 2009)

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McAllister & McAllister – Criminal Defense Attorneys

Today we live in a world where people need criminal defense attorneys more
than ever – particularly people who consider themselves law-abiding and thus immune from government
prosecution.

For example, at McAllister & McAllister we regularly represent businesses and company executives
who are charged criminally because an accident has occurred in the workplace resulting in injury or death. These do not fit the common conception of a “criminal.”

Lack of familiarity with the criminal system creates many opportunities for making mistakes, such as thinking that by talking with the investigating authorities without counsel one can “clear it up.” The most common problem I have seen is failing to engage a criminal defense attorney at the earliest stage, usually because no one realized that the problem could “go criminal.”

If anyone has any doubts about the kinds of cases that Cal-OSHA brings to the criminal courtroom, peruse the Cal-OSHA newsletter which we have linked to this website.

In today’s climate, criminal defense lawyers are, as one judge wrote,
“necessities not luxuries.”

For you convenience, an intake form as been added to this website so that you can hasten the process of hiring a lawyer.

McAllister & McAllister, Inc., is dedicated to providing our clients with the one-on-one personal attention
that is required to handle your case. As Modesto and Santa Rosa’s premier legal defense firm, we specialize in handling complicated criminal defense matters.

McAllister & McAllister, Inc., believes in an aggressive defense of its clients, with heavy reliance on
thorough investigation. Vigorously defending clients means that we frequently take cases to jury trial.

McAllister & McAllister, Inc., is known as “The law firm that police officers choose when they are in trouble.”

If you need legal representation in the Stanislaus, Merced County area or anywhere in the Santa Rosa area, call or contact us via email to schedule a free consultation. We look forward to serving you.

Areas we serve include:
Stanislaus County, Sonoma County, Merced County, San Joaquin County and Tuolumne County.

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