Criminal Defense / Prisoner Lawsuits Appeals / Post-Conviction Relief / Civil Rights
Criminal Defense / Prisoner Lawsuits Appeals / Post-Conviction Relief / Civil Rights
At D. SHAWN BURKLEY, Attorney-at-Law, we are dedicated to providing personalized, high-quality legal services. With years of experience and a passion for justice, we will work tirelessly to help you achieve your desired results.
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FOUR FELONIES CHARGES REDUCED TO PLEA TO NO-JAIL, ONE-COUNT, PLEA DEAL AT PRELIMINARY HEARING. A client facing 5 years in jail was pleaded out to a no-jail, two-year term of probation in the middle of preliminary hearing.
(LASC Case. No. 24VWCF00255-03)
FELONY REDUCED TO AN INFRACTION AT ARRAIGNMENT, where homeless client went into an abandoned store to get warm and charge her phone. After an off-the-record discussion was held with the arraignment judge, the People were convinced that this was not a burglary and in fact only a simple trespass. Client released same day.
(LASC Case. No. 25AVCF00073-03)
Mental Health Diversion GRANTED where client was dissuaded by a friend from taking medication for bi-polar disorder, which led to client assaulting elderly family member and friend of family. After a substantial evidentiary showing, client has been approved for "no jail" mental health diversion program to address the underlying causes of the event, rather than imposing a punitive jail term. (LASC Case. No. BA516841)
Verdict for Client good-Samaritan neighbor, who was sued for battery and false imprisonment after Plaintiff was arrested on an elderly woman's property for entering at night without permission. Our client faced a potential judgment of over $3,000,000 and, after trial, wound up not liable for a single dollar. (LASC Case No. 18STCV08719)
Victorious Appeal for Plaintiff where California Appellate court held that law designed to protect railroad workers does not allow injured workers to sign a release prohibiting claims for future unrelated injuries.
(CA Court of Appeal, Second District Case No. B299031, officially published as Chacon v. Union Pacific Railroad (2020) 56 Cal.App.5th 565.)
Prisoner serving life without the possibility of parole released based on changes in the California Felony Murder Rule in one of the first cases to address those changes in Fresno County.
In case involving a prison fight and possession of a deadly weapon, the Monterey District Attorney elected to dismiss the case after a vigorous preliminary hearing.
After trial, finding client "not guilty" of attempted first-degree murder, but instead attempted voluntary manslaughter, where "victim" came onto client's property and assaulted client and client defended himself with a knife. Life sentence avoided.
Client/Defendant Weinstein sued for misappropriation of likeness based on Plaintiff's perceived similarities between her life and certain films and TV shows. Client relieved from any liability after successful anti-Strategic Lawsuit Against Public Policy (anti-SLAPP) motion. (LASC Case No. 22BBCV01067)
Client facing life sentence for attempted first degree murder negotiated to 10-year sentence. Will serve 8 1/2 years.
Client facing time in state prison for manipulating workman's compensation reporting requirements has case settled to allow for 45 actual days of home confinement. (Riverside County Case No. RIF2004169)
Client charged with fraudulent COVID testing settled with civil penalties and restitution. No change to medical licensure.
Year-long attempt to obtain restraining order defeated where there was no physical violence against the petitioner and other claims were suspect. Multiple attempts to have client held in contempt of Temporary Restraining Order also defeated.
Matter settled for minor fine where veteran/client risked loss of his home due to renters operating an illegal marijuana dispensary on the property.
Request for Domestic Violence Restraining Order granted where client-stepfather was in fear of physical violence by adult stepson.
This is a brief overview of some of our current litigation. As the litigation proceeds, some facts as to the case may change and the information below may not reflect the latest developments in the case.
Federal prisoner rights case addressing the attack of 12 prisoners by approximately 180 other prisoners at Avenal State Prison in 2018.
Multiple actions brought by inmates against the California Department of Corrections and Rehabilitation for violent attacks that led to serious bodily injuries.
In life case, Client is charged with murder related to drive-by shooting.
Please note that success in other cases is not a guarantee of the same result in your case. All cases are different and must be addressed as such, thus past performance is not a guarantee of future success.