Attorney David Borsari
In Miami, Florida, David Borsari represented a former New Jersey Police Officer charged with the ATTEMPTED SECOND DEGREE MURDER of his wife as well as AGGREVATED STALKING IN VIOLATION OF A DOMESTIC VIOLENCE RESTRAINING ORDER. The jury returned a verdict of “not guilty” on all counts.
In Los Angeles, California, David Borsari represented a Beverly Hills diamond merchant charged with 10 counts of EMBEZZLEMENT and GRAND THEFT of $165,000 worth of jewelry. Mr. Borsari successfully negotiated a resolution agreement whereby his client would spend no time in jail, be ordered to pay only $10,000 in restitution, and have nine of the ten felony counts dismissed.
In Miami, Florida, David Borsari represented a man charged with CARJACKING and ATTEMPTED SEXUAL BATTERY. The jury returned a verdict of “not guilty” on all counts.
In Fullerton, California, a man was sentenced to 45 days in the Orange County Jail for his conviction for FAILING TO REGISTER AS A SEX OFFENDER and while waiting for his surrender date, contacted David Borsari to achieve a modification of that sentence. After meeting with the Judge and prosecutor in chambers, Mr. Borsari successfully secured a reduction to “house arrest” for the client instead of any jail time.
In Miami, Florida, David Borsari represented a habitual offender facing 40 years in prison who was charged with POSSESSION OF A FIREARM BY A CONVICTED FELON and CARRYING A CONCEALED FIREARM. Despite the defendant testifying and admitting on the witness stand to having nine prior felony convictions, the jury returned a verdict of “not guilty” on all counts.
In Fullerton, California, David Borsari represented a man charged with AGGRAVATED ASSAULT WITH A DEADLY WEAPON after allegedly attempting to run his car over a man he had argued with at a local Farmer's Market. A jury returned a verdict of “not guilty.” An additional charge of RECKLESS DRIVING was dismissed by the prosecutor after the jury became deadlocked and could not reach a verdict on that court.
In Miami, Florida, David Borsari represented a man charged with the ARMED ROBBERY WITH A FIREARM of a tourist. The client was found “not guilty” by the jury.
In Miami, Florida, David Borsari's client was charged with AGGRAVATED BATTERY UPON PREGNANT WOMAN. All charges were dismissed by the prosecutor in the middle of jury trial.
In Miami, Florida, David Borsari represented a man charged with DUI and POSSESSION OF MARIJUANA. The client was pulled over and tested positive for alcohol and cocaine. His person was searched by the police officer who stopped him and the search revealed a marijuana cigarette in his pant pocket. The jury found him “not guilty” on all counts.
In Miami, Florida, David Borsari represented a man prosecuted under Florida's Prison Release Re-Offender Act. The client was charged with ARMED BURGLARY and GRAND THEFT. Under those circumstances, the client faced a minimum mandatory of life in prison if convicted. The prosecutor dismissed all charges in the middle of jury trial.
In Fort Lauderdale, Florida, David Borsari represented a recent prison release charged with TRAFFICKING OF COCAINE and TRAFFICKING IN ECSTACY PILLS. Despite his client's extensive criminal record, and his codefendant becoming a witness against him, Mr. Borsari successfully negotiated a plea resulting in no jail time.
In Simi Valley, California, David Borsari represented a man charged with INDECENT EXPOSURE, The case resulted in all charges being dismissed.
In Bellflower, California, David Borsari represented a man charged with ASSAULT WITH A DEADLY WEAPON. The case resulted in all charges being dismissed.
In Orange County, California, Mr. Borsari represented a Vietnam Veteran charged with his 6th DUI (felony) in the last 10 years. Suffering from post traumatic stress disorder and chronic alcoholism, the client was found unconscious in the driver's seat of his stopped truck near the side of a street with the engine running. A toxicology report revealed a BAC of .23 as well as large quantities of several prescription medications in his system. The prosecutor demanded 3 years state prison. Mr. Borsari demonstrated that "driving" under California law requires volitional movement of the car. Mr. Borsari presented two witnesses who confirmed that the client was sober prior to entering his car. Further evidence was presented by Mr. Borsari establishing that the client has a history of binge drinking in his parked truck. After a meeting with the judge and prosecutor concerning these issues the court agreed to place the client in a drug rehabilitation program at a local Veteran's Hospital after the client had spent only 30 days in jail.
In Fullerton, California, David Borsari represented a pharmacist charged with DUI. The client submitted to a non-mandatory Preliminary Alcohol Screening Test only nineteen minutes after being pulled-over by a La Habra Police Officer. The results were clearly above the legal limit. After subpoenaing all relevant documentation regarding the breath testing instrument used against his client Attorney Borsari noticed the officer's failure to record the serial number of the testing mechanism. This critical omission made it impossible for the prosecutor to prove in court the maintenance history and accuracy of the particular device used against his client as required by law. The validity of his pre-trial motion to exclude the test results was ultimately recognized by the prosecution which conceded the issue and attorney Borsari's motion to suppress the breath reading was granted without opposition.
In Fullerton, California, David Borsari represented a mobile mechanic who used a ratchet to smash the rear window of a car moments after its driver had rear-ended his work truck. The entire event occurred in the presence of several police officers. After it was determined that the driver of the car was DUI, an agreement was reached whereby the charges against Mr. Borsari's client were dismissed.
In Bakersfield, California, David Borsari represented a man charged with DISCHARGING A FIREARM IN A GROSSLY NEGLIGENT MANNER, CARRYING A CONCEALED WEAPON WITHIN A VEHICLE, POSSESSION OF A WEAPON, POSSESSION OF A FIREARM IN A PUBLIC PLACE, and POSSESSION OF MARIJUANA. After a meeting in the judge's chambers between Mr. Borsari, the judge, the prosecutor, and the lawyers for each of the two co-defendants, all charges were dismissed against Mr. Borsari's client only.
In Fontana, California, David Borsari's client was charged with WILLFULLY CAUSING A CHILD TO BE PLACED IN A SITUATION WHERE HIS OR HER PERSON OR HEALTH MAY BE ENDANGERED. All charges against the client were dismissed before trial.
David Borsari represented a doctor form a Midwestern state who sought counsel because he feared he was being investigated by federal authorities for possession of narcotics. Mr. Borsari's representation resulted in no charges ever being filed.
In Orange County, California, David Borsari represented a boy facing expulsion from school and criminal charges for SEXUAL BATTERY upon another student. Under Mr. Borsari's representation, the School District Student Placement Committee voted not to expel the client and Mr. Borsari subsequently met with the Orange County Juvenile Probation Department and convinced it not to recommend the case to the Orange County District Attorney's Office for prosecution.
In Norwalk, California, David Borsari's client faced 13 years in prison on a POSSESSION OF METHAMPHETAMINE FOR SALE charge. The jury found his client “not guilty” of the POSSESSION FOR SALE charge and only guilty of the lesser charge of straight POSSESSION. The result was that his client was sentenced to an outpatient drug rehabilitation program and immediately released from custody.
In Mojave, California, David Borsari represented a mother charged with WILLFULLY INFLICTING UNJUSTIFIABLE PHYSICAL PAIN UPON A CHILD, CHILD NEGLECT, and two counts of USE OF UNLAWFUL FORCE OR VIOLENCE UPON A CHILD. After the filing of Mr. Borsari's pre-trial motions, all charges were immediately dismissed by the prosecutor.
In San Diego, California, Mr. Borsari represented a man who admitted stealing $37,400 worth of property from his international corporate employer. After extensive negotiations with the company's chief labor counsel, Mr. Borsari reached a civil compromise and law enforcement was never contacted about the crime.
In Hermosa Beach, California, David Borsari represented a man being investigated for his involvement in a physical altercation at a local restaurant where the client's actions resulted in the hospitalization of another participant. After a thorough defense investigation and Mr. Borsari's personal conversations with both the lead detective and the elected City Attorney for that town, the prosecution decided not to file any charges against his client.
In Compton, California, David Borsari represented a man charged with ARMED CARJACKING and being held on $100,000 bail. During his preliminary hearing Mr. Borsari damaged the credibility of the eyewitness victim and produced a defense witness who was at the scene and testified that the perpetrator could not have been the defendant. The case was dismissed by the Judge for insufficient evidence and the client was released from custody that same day.
In Riverside, California, David Borsari represented a law enforcement officer charged with DOMESTIC VIOLENCE and DISSUADING A WITNESS FROM REPORTING A CRIME. After cross examining the alleged victim in court the prosecutor agreed to a resolution whereby all criminal charges were dismissed and only a civil infraction remained.
In Bakersfield, California, David Borsari represented a convicted felon charged with two counts of ROBBERY and one count of ATTEMPTED CARJACKING. After rejecting a multiple year state prison sentence offer, Mr. Borsari's 5-day jury trial resulted in his client being found “not guilty” of all charges.
In Fullerton, California, David Borsari represented a man for DUI who blew a .163 and a .173 after a traffic collision. During the DMV hearing Mr. Borsari established that due to a lapse in accounted-for time between the accident and the apprehension of his client by the police, there was no way of proving that the alcohol ingested by his client occurred prior to the accident. The DMV hearing officer agreed to set aside the client's driver's license suspension. Upon communicating the same theory to the District Attorney's Office, it refused to file DUI charges in court against the client.
In San Juan Capistrano, California, David Borsari represented a woman accused of SEXUAL BATTERY upon a child. The incident was supposedly captured on videotape. Mr. Borsari conducted a personal investigation and then discussed his interpretation of the case with a lead detective from the Sheriff's Department Sex Crimes Unit. At the end of Mr. Borsari's analysis the detective informed him that no charges would be filed.
In Fullerton, California, David Borsari was hired by a medical school student accused of DOMESTIC VIOLENCE upon his wife. Mr. Borsari voluntarily enrolled him in anger management classes and met with the prosecutor. No charges were ever filed.
In Westminster, California, David Borsari represented a man charged with INDECENT EXPOSURE and therefore facing a mandatory sex-offender registration requirement if convicted. After the prosecution presented its case to the jury, the trial judge granted Mr. Borsari's motion to dismiss the INDECENT EXPOSURE charge for insufficient evidence. An agreed-upon resolution was then immediately reached on the remaining misdemeanor charge involving no sex-offender registration.
In Whittier, California, David Borsari represented a woman who became accused of DOMESTIC VIOLENCE against her husband during a time in her life where the custody their only child was being litigated in family court. Prior to trial Mr. Borsari, believing that any admission of wrongdoing would be detrimental to his client's chances for child custody in family court, rejected the prosecutor's offer to reduce the criminal charge to a mere civil infraction. The prosecutor dismissed all charges on the second day of jury trial.
In Los Angeles County, California, David Borsari represented a man being held on $500.000 bail accused of committing sexual crimes upon his 13-year-old stepdaughter. While the Sheriff's Department conducted its investigation Mr. Borsari arranged to have his client administered a sex-history polygraph and evaluated by a forensic psychologist. After Mr. Borsari interviewed the alleged-victim's mother it became clear that the police interviewers of her daughter were overly suggestive of responses incriminating his client. Four days after this information was revealed to the District Attorney's Office, the DA rejected filing the case claiming there was insufficient evidence.
In Costa Mesa, California, Mr. Borsari represented a landlord accused of raping his live-in tenant with whom he had an ongoing consensual relationship. Mr. Borsari's investigators acquired telephone recordings of the alleged victim demanding large amounts of cash from the client's family in exchange for the return of property she had stolen from his client after the client was incarcerated. After Mr. Borsari provided the lead detective with four recorded examples of the attempted extortion, the police refused to recommend criminal charges be filed against Mr. Borsari's client who was released from custody immediately. The District Attorney did however, file charges against the alleged victim.
In Fullerton, California, a man hired David Borsari to represent him against allegations of DOMESTIC VIOLENCE said to have occurred earlier that same day. The client believed the police were looking for him and was afraid to go home or to his place of work. Attorney Borsari intervened and made contact with the detective assigned to investigate the case. Mr. Borsari made it understood that his client would not be making any statements about the alleged incident at least until Attorney Borsari had conducted an independent investigation. The client never spoke to the police, was never arrested and after several conversations Between Mr. Borsari and the detective, the case was rejected for filing by the DA's office.
Mr. Borsari was retained to file and argue a motion to dismiss a client's criminal conviction pursuant to California Penal Code Section 1203.4 (sometimes referred to as an "expungement"). The client was particularly concerned because while on probation for the offense he was seeking to have dismissed, he committed and was convicted of a new criminal offense. Nonetheless, Mr. Borsari convinced the judge to grant his motion to dismiss the first conviction. The second conviction was also dismissed upon Mr. Borsari's motion at a separate proceeding.
In Orange County, California, David Borsari defended a woman charged with VANDALISM for allegedly bending the wheel lift of a tow truck being used to remove her car from its parked position in a private community. The prosecutor theorized that the defendant entered her car and drove it off the wheel lift after the lift had elevated her car approximately six inches from the ground and that this action caused the lift to bend. A vandalism conviction in California involves a mandatory one year driver's license suspension. Mr. Borsari issued a subpoena for the tow company's operation and repair logs as well as for receipts for damage repairs to the tow truck in question. These documents proved the damage to the tow truck occurred prior to the date of the incident involving Mr. Borsari's client. Mr. Borsari also established the absence of a written contract between the tow company and the owner of the private property where the attempted tow occurred, in violation of California Vehicle Code Section 22658(L)(1)(A). The charge was dismissed by the judge.
In Downey, California, David Borsari represented a man charged with SECOND DEGREE BURGLARY OF A VEHICLE. The client had become intoxicated from alcohol consumed at a bar before he walked several blocks and forced entry into a stranger's vacant, parked car. Once inside the car the client collected and pocketed numerous items of personal property belonging to the car owner including a wrist watch, pocket knife, and cash money. The client then blacked-out before being awakened by an LA County Sheriff's Deputy. Mr. Borsari arranged for his client to get into rehab and had several important conversations with the owner of the car. The damage to the car window was restituted and the property taken was returned. The charge against Mr. Borsari's client was dismissed by the judge.
In Santa Ana, California, David Borsari's client was accused of ASSAULT and BATTERY for allegedly striking a hospital emergency room technician during an intake interview in an E.R. waiting room. The client maintained his innocence throughout the proceedings. Mr. Borsari's investigation team located a non-listed witness from the E.R. waiting room who corroborated the client's assertions of no physical contact with the technician. On the morning of jury trial Mr. Borsari made the tactical decision to make this defense witness available to the District Attorney. After the witness was thoroughly interviewed by the prosecutor and his DA investigator all charges were dismissed.
In Hollywood, California, David Borsari's client was charged with DUI after submitting to two chemical breath tests both of which were over the legal limit. Mr. Borsari obtained and reviewed the instrument maintenance log for the machine used on his client and discovered that 43 days after the test on his client but with no intervening activity, the machine displayed a breath tube that was not working. Also, the internal barometer needed to be adjusted before an accuracy test could result within an acceptable range. The Los Angeles County Deputy DA assigned to the case dismissed the charge.
In Whittier, California, attorney Borsari represented a woman accused of OBSTRUCTING POLICE officers during the late night execution of a search warrant at her home. The police entry-team members claimed the woman was hesitant to open the door immediately upon being ordered to do so and that she yelled religious prayers at the police after the perimeter of the house had been breeched. Attorney Borsari prepared an argument involving the notion that his client had been woken from a sound sleep before approaching her door, became confused when high powered lights were flashed into her eyes, was never actually presented with a search warrant, and reasonably believed the unannounced visitors were criminals initiating a home invasion, not law enforcement officers. Several minutes before the judge was to bring the jury into the courtroom for the start of trial the prosecutor dismissed the case.
In Santa Ana, California, attorney Borsari represented a man whose bail had been set at $1,000,000. The client was accused by the prosecutor of being a member of a violent white-supremacist gang. Although the prosecution never dismissed or reduced any of the charges that existed when bail was initially set, attorney Borsari convinced the judge to reduce the bail to a mere $50,000 after a bail hearing.
In Fullerton, California, attorney Borsari defended a mother accused of HIT AND RUN. The client had become distracted while driving on the freeway and collided repeatedly with several orange traffic pylons being used to redirect cars away from a construction zone. During this commotion the client reacted by swerving quickly into the adjacent lane where her car apparently grazed a car already in that lane. During their first meeting this mother explained to Mr. Borsari that she did not realize she had been in an accident and if she had, would have stopped her car and exchanged information with the other driver. Mr. Borsari obtained sworn statements from the other three occupants of her car each indicating no knowledge of any contact with another vehicle as well as photographs showing only minor evidence of any damage to his client's car. After Mr. Borsari recreated the scenario to the prosecutor it became clear that under the circumstances it would have been extremely difficult for the client to hear of feel any evidence of a collision and the prosecutor dismissed all charges.
