Vikas Bajaj | San Diego Criminal Defense Lawyer

DECLARATION OF FACTUAL INNOCENCE IN SEX CRIMES CASE

Outcome: There is absolutely NO RECORD of Mr. Bajaj’s client’s arrest and criminal case. Description: Attorney Vikas Bajaj achieved a complete dismissal in a multiple count, multiple allegation, multiple victim sexual molestation case. Before Mr. Bajaj agreed to begin representation, his client was facing multiple life sentences. When Mr. Bajaj was done investigating, litigating, and presenting his case, the court dismissed each and every allegation in the case. A description of this case has been published on this site earlier. The dismissal was not enough for Mr. Bajaj. He felt strongly that his client’s record should be TOTALLY CLEARED. Many attorneys will tell you that a dismissal of the case is the ultimate victory. Mr. Bajaj believes the ultimate victory occurs when the court says, “YOU ARE INNOCENT” in addition to dismissing the charges. Mr. Bajaj fought hard to have the court utter those very words. In the end, he was successful. Mr. Bajaj demanded that each and every page of material in this case be stamped “EXONERATED” and destroyed. He demanded that all documents produced by the Sheriff’s Department, District Attorney’s Office, Child Protective Services, the Department of Justice, and the Superior Court of California be destroyed. His demands were entered. There is absolutely NO RECORD of Mr. Bajaj’s client’s arrest and criminal case. Most attorneys will tell you this cannot be done. Mr. Bajaj will find a way to get it done. He has proven success in this area.

ARMED POSSESSION OF NARCOTICS FOR SALE / POSSESSION FOR SALE WHILE ON PROBATION

Outcome: Six months of residential rehabilitation. Probation on BOTH cases. NOT A SINGLE DAY IN CUSTODY. Description: Mr. Bajaj’s client, a 22 year old young man battling a debilitating opiate addiction was arrested for Possession for Sale of Oxycodone, Transportation of Oxycodone, Transportation of more than 28.5 grams of hashish, Carrying a Loaded Firearm, and Possession of a Firearm by a Felon. The client was in possession of a semi-automatic handgun at the time. Being armed while in possession of a narcotic for sale carries a mandatory additional prison sentence. This is an allegation that the District Attorney’s Office does not routinely negotiate in regards to. In this case, Mr. Bajaj’s client was facing 5 years for the drug sales charge and an additional 5 years for the gun enhancement. To make matters worse, his client was already on probation for a drug sales arrest and was ordered to serve a mandatory 3 years in prison if he were to violate even once. The family came to the Law Office of Vikas Bajaj, APC after meeting with their attorney at the time, who informed them that the client would have to accept a plea carrying a prison sentence of at least 6 years. Mr. Bajaj began by reviewing all investigation reports for the most recent case. He received a multitude of documents that the prior attorney did not have; these were very important pieces of evidence. He move aggressively and reopened the prior case as well. It became clear that his client was losing the fight with drug addiction; Mr. Bajaj worked to prove that each criminal act was a direct result of his client’s drug addiction. He coordinated psychological and drug addiction evaluations so that the court would have a better understanding of his client. After many months of preparation and strategic negotiation, Mr. Bajaj was successful. He convinced the prosecutor to allow a negotiated plea only 1 of the 5 felonies with allegations that his client was facing. The court agreed with Mr. Bajaj’s argument that his client should not be sentenced to prison, or any custody for that matter.

PRESCRIPTION FRAUD WITH STRIKE PRIOR

Outcome: Probation, Outpatient Therapy. My client walked out of court without having to serve a day in jail. Description: A college student close to graduation contacted The Law Office of Vikas Bajaj, APC since he had recently been arrested for TWENTY-THREE (23) felony counts of prescription fraud, burglary, and identity fraud. He was fighting an addition to opiates and was losing. Mr. Bajaj put him in contact with a drug addiction specialist, who worked tirelessly to create a treatment plan to give his client the tools to deal with his addiction. The biggest problem, however, was the fact that Mr. Bajaj’s client had been convicted of a felony STRIKE just years before. The District Attorney’s Office refused to eliminate the strike so that Mr. Bajaj’s client could receive a grant of probation. Mr. Bajaj move strategically to gain the dismissal of TWENTY (20) felony counts. He convinced the court to ignore the prior strike. He convinced the court that the ongoing criminal actions were merely a result of his client’s battle with addiction. In the end, the court agreed with Mr. Bajaj and granted PROBATION. His client was ordered to complete ongoing outpatient therapy. His client walked out of court without having to serve a day in jail. The District Attorney’s Office voiced a strenuous objection in court. Mr. Bajaj was victorious. Most attorneys have not had the success Mr. Bajaj has experienced when representing those who have suffered a prior STRIKE. He is a strong negotiator and persuasive force in court who works tirelessly to achieve the best result possible.

Cultivation and Possesion of Marijuana

Outcome: DISMISSED ON DEFENSE MOTION TO SUPPRESS Description: Cultivation of Marijuana/Marijuana for Sale

Possession of Drugs & Firearms by a Felon

Outcome: After a 6+ year offer was made, Mr. Bajaj secured 6 months of residential rehabilitation. Probation on BOTH cases. NOT A SINGLE DAY IN CUSTODY. Description: Client was on Felony Probation for Narcotics Sales. The charges were Possession for Sale of Oxycodone, Transportation of Oxycodone, Transportation of more than 28.5 grams of hashish, Carrying a Loaded Firearm, Possession of a Firearm by a Felon

USA V. Nguyen

Defendant: Attorney for the defendant, David Trung Nguyen. A criminal complaint was filed against the defendant and he was arrested twenty-four hours later. He was deemed a flight risk and a motion to detain him was granted by the courts. He was indicted on five counts, including possession of methamphetamine with intent to distribute and carrying a firearm during a drug trafficking crime. He plead not guilty. After several negotiations he changed his plea on the first two counts to guilty. A judge accepted his plea and he was subsequently sentenced to 151 months in prison and five years of supervision. A motion was filed to dismiss the last three counts and was accepted by the court.

STATE v CARBONE

Attorney for the Defendant in a case regarding exchanging lewd photos with a teenager. This case was connected to another in which a different man was sentenced to prison for having sex with the same teen (capturing it by photo and video.) This particular case was dismissed because evidence could not prove that said Defendant knew the teenager was underage.

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