David S. Borsari’s Notable Cases
During a time of considerable national media criticism of Fullerton Police tactics including allegations of brutality and excessive force, attorney Borsari defended a man facing several criminal charges including BATTERY ON A POLICE OFFICER, ASSAULT ON A POLICE OFFICER, and RESISTING ARREST involving the Fullerton Police Department. Attorney Borsari produced a cell phone camera video depicting the police using unlawful force and apparently exonerating his client from wrongdoing. Despite this evidence the Orange County District Attorney’s Office relentlessly refused to dismiss the charges. During the jury trial attorney Borsari pointed out false police reports and alleged perjured police testimony. The jury returned “not guilty” verdicts for all five charges against attorney Borsari’s client.
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.
Resisting Police And Illegal Conduct
In Fullerton, California, attorney Borsari went to trial defending the manager of a local hotel against charges of RESISTING A POLICE OFFICER and ILLEGAL CONDUCT AT A BURNING BUILDING for behavior she allegedly demonstrated toward firefighters and police officers as they responded to fight a fire in her hotel. As the prosecution witnesses were cross examined the momentum of the trial was clearly with the defense. When a prosecution witness unexpectedly violated a court order by commenting on inadmissible evidence the judge granted Mr. Borsaris motion for a mistrial. Moments later the prosecutor agreed to dismiss both criminal charges rather than retry the case.
Domestic Violence Restraining Order
In Fullerton, California, attorney Borsari defended a man accused of repeatedly violating a domestic violence restraining order involving his former wife. The jury returned a verdict of not guilty on all ten counts.
A serial sex offender was at large in the city of Fullerton during the fall of 2008 and summer of 2009. Over the course of this time period a particular woman was victimized by this criminal on several separate occasions. Each time the perpetrator escaped and each time the crimes were promptly reported by the victim. Mr. Borsari’s client became a suspect and was charged with these crimes after the victim picked his image from a photo line-up. Mr. Borsari tirelessly scrutinized every detail of the identification procedure and asserted that the behavior of the lead detective in the case resulted in an unlawfully suggestive identification process. After articulating his findings in a detailed report to the prosecutor she reapproached the victim. Ultimately, the victim conceded to the prosecutor that Mr. Borsari’s client was not her attacker and the prosecutor dismissed all charges.
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 breached. 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 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.
Embezzlement And Grand Theft
Felony counts Dismissed
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 Fullerton, California, attorney Borsari represented an older man charged with two counts of POSSESSING FICTITIOUS INSTRUMENTS in the nature of personal checks and who was alleged to have cashed these false checks in return for thousands of dollars. During a lengthy defense investigation attorney Borsari was able to demonstrate that his client was actually the victim of an Internet scam involving international criminals in the Czech Republic recruiting innocent persons in the United States to apply for a seemingly legitimate job which actually was a false front for white collar scam artists. The scheme culminated with the victims, like Mr. Borsari’s client, depositing at the bank a check which they believe to be real and authorized but was in fact a fake check manufactured by the real criminals abroad. After preparing a detailed report with multiple exhibits supporting attorney’s Borsari’s findings the prosecutor dismissed all charges against his client.
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.
Multiple Firearm Charges And Marijuana
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.
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 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 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 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 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 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.
A young Army recruit was charged with felony GRAND THEFT, felony IDENTITY THEFT, and five felony counts of COMMERCIAL BURGLARY, for a mistake in judgment he made only one month short of his ordered report date for active duty. The military informed Mr. Borsari that it would not permit any convicted felons or persons on probation to serve in its armed forces. Mr. Borsari met with the judge and the prosecutor and was able to convince the prosecutor to reduce every felony count to a misdemeanor. Then, Mr. Borsari convinced the judge to terminate probation upon proof that the client had paid a fine to the state Victim Emergency Fund. The client is now fulfilling his lifelong dream of serving in the United States Army and is currently stationed at Fort Benning, Georgia.
A woman in Whittier, California, was charged with DUI AMBIEN after apparently loosing consciousness while driving and having a low speed, single car collision two blocks from her home. The client maintained she ingested the Ambien pill only 4-5 minutes before the accident. The client also suggested she had experienced several episodes of increased dizziness, confusion, and loss of consciousness in the months leading up to her accident, none of which involved the use of Ambien. It is a generally accepted medical fact that Ambien will not become psychoactive in only 4-5 minutes after ingestion. Several of Mr. Borsari’s doctors performed tests on his client. One of them, a neurologist, diagnosed his client with a condition called neurocardiogenic vasovagal, an illness that leads to syncope (fainting) after the patient experiences lightheadedness, nausea, and sweating. Not only did the prosecutor dismiss the DUI case but the treatment Mr. Borsari’s client received from her doctor in light of this breakthrough diagnosis has caused her to become a safer driver and eliminated the need for her driver’s license to be suspended.
In Los Angeles, Attorney Borsari represented a former police officer in the appeal of his Department’s dismissal of his employment. The dismissal (adverse action) resulted from events occurring at a house party while the officer was off duty and culminated in a uniformed police officer from a different department drawing his gun on the client. During an evidentiary hearing attorney Borsari aggressively cross examined the officer who drew the gun on his client and caused the officer to admit the client was unarmed and made no threats to the uniformed officer. The uniformed officer was also forced to admit that he initiated contact with the client by lowering his police car window and uttering a sarcastic remark at the client. Later, attorney Borsari’s examination of the lieutenant from the client’s own department who conducted an internal investigation into the matter revealed a blatant lack of investigative objectivity and incompetence. After the hearing but before the judge’s ruling, attorney Borsari’s opposing counsel, a lawyer from the State Personnel Board, offered to withdraw the dismissal and award the client thousands of dollars in back pay.
In Long Beach, attorney Borsari represented a man charged with felony CHILD NEGLECT of his 14-year-old paralyzed son. The judge set bail at $100,000 and the child was removed from the house by the Department of Social Services. Attorney Borsari coordinated with lawyers handling the juvenile dependency case and developed a defense illustrating that the incident was more of a misunderstanding than any endangering behavior. The child was ordered by the dependency judge back into the care of the client in less than three weeks. In the meantime attorney Borsari proactively met with the LA County District Attorney and convinced it to defer the case to the Long Beach City Attorney, the agency in that city that prosecutes only misdemeanors. After several court appearances attorney Borsari convinced the City Attorney to dismiss the charge and his client became immediately free from both criminal charges and dependency consequences.
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 AGGRAVATED STALKING IN VIOLATION OF A DOMESTIC VIOLENCE RESTRAINING ORDER. The jury returned a verdict of “not guilty” on all counts.
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 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.