Recent Verdicts and Settlements
With over 50 years of combined experience representing clients facing all
manner of legal issues,
The Madrid Law Firm has a history of successful case results. Working with those facing criminal
charges, dealing with personal injury and wrongful death claims, as well
as those who have had their civil rights violated, we offer a wide range
of legal services.
To review our positive case results for each area of law, click below:
Contact our office for the help you deserve; call returned promptly!
Mechanic Subjected to Histile Work Environment, Suit Claimed
Plaintiff suffered a knee injury, but was not able to take time off from
work which delayed his necessary arthoscopic surgery. The jury found favor
in the plaintiff, and awarded him $176,000 in total damages against the
Read the full article here.
CASE DISMISSED (SPEEDY TRIAL RIGHT VIOLATION)!
Our client was questioned in April 2016 by the police regarding an alleged
incident that occurred between him and an Uber driver in January 2016,
which was a bogus complaint at the outset. At the time of questioning,
the police obtained our client’s name, address, phone number, driver’s
license number, and employment information. The police submitted their
report to the District Attorney’s office. The District Attorney
filed charges in June 2016, and set an arraignment date in June 2016.
Neither the police nor the district attorney’s office ever arrested,
issued a citation, sent a letter, or gave any notice whatsoever to our
client that charges had been filed against him. At the arraignment, an
arrest warrant was issued for our client for his failure to appear in court.
A year and a half later (January 2018), our client learned, through a background
check, that an outstanding arrest warrant existed. Client hired the Madrid
Law Firm. The Madrid Law Firm recalled the warrant and filed a Motion
to Dismiss the Complaint for Violation of our client’s Speedy Trial
Rights (Serna Motion). The Judge granted the Motion and dismissed the
complaint due to the District Attorney’s failure to justify their
unreasonable delay in notifying our client of the charges. Since the filing
of the charges, the police and District Attorney’s knew our client’s
address, phone number, and place of employment, but did nothing to bring
him to court.
Imagine if client had been pulled over for a traffic violation and hauled
off to jail on a warrant he knew nothing about? Since the prosecution
delayed more than one year, the Judge ruled that our client was prejudiced
by the delay, and dismissed the complaint in its entirety. Our client
is a free man. This is a classical example of when the system fails and
you have the right law firm representing and protecting your rights.
REQUEST FOR A RESTRAINING ORDER AGAINST OUR CLIENT….DENIED!
Our client and his girlfriend got into an argument. Our client decided
to leave his residence to avoid any further confrontation. His girlfriend
tried to attempt to stop him from leaving by placing her arms on the lowered
window of the passenger side of the vehicle, as our client began to drive
away. When he saw her hanging on the window, he immediately stopped the
vehicle. The police arrived. As a result, she sustained injuries to the
inside of her arm. Our client's girlfriend then filed a Request for
a Domestic Violence Restraining Order and alleged that our client inflicted
injury upon her. At the hearing before the Judge, Erica established, through
cross-examination, that our client did not inflict any injury to his girlfriend,
but rather the girlfriend caused her own injury by attempting to physically
prevent her boyfriend from driving away. The request for the restraining
order was DENIED!
ERICA WINS DMV HEARING AND SAVES HER CLIENT'S DRIVING PRIVILEGE
Our client was arrested for DUI and retained the MADRID LAW FIRM to represent
him. Erica, as she does with all of her DUI cases, requested a DMV hearing
on behalf of her client. Upon review of the police reports, it seemed
unclear as to how the arresting officer determined that her client was
allegedly travelling 50 mph in a 35 mph zone. Erica subpoenaed the arresting
officer and, through cross-examination, established that from the arresting
officer's vantage point, he could not have estimated the client's
speed and therefore, his opinions of speed were based on speculation,
conjecture and creative writing of his police report. The arresting officer
had no legal basis to pull our client over and the stop was deemed illegal
as a matter of law. The DMV hearing officer agreed and the suspension
was SET ASIDE! Client will retain his driving privilege.
ROAD-RAGE SHOOTING BY OFF-DUTY POLICE OFFICER
As a result of a road rage incident, plaintiffs were wrongfully shot multiple
times by an off-duty police officer and wrongfully arrested for assault
with a deadly weapon. Following the wrongful shooting of the plaintiffs,
the off-duty officer falsely claimed that plaintiffs assaulted him with
pepper spray and guns, which culminated in the wrongful arrest of the
plaintiffs. The district attorney declined to prosecute plaintiffs.
The Madrid Law Firm together with Steve Brown, Esq. of Brown & Lipinsky filed a
federal civil rights lawsuit on behalf of the plaintiffs under
42 U.S.C. 1983 against the individual off-duty officer, his police department and the City.
Result: 7-figure settlement in favor of the Plaintiffs.
Police officer received an anonymous tip that plaintiff was conducting
drug trafficking and prostitution at her restaurant. Police Officer showed
up at plaintiff's restaurant without a search warrant and demanded
to search premises. Plaintiff refused and demanded a search warrant. Officer
stated he didn't need a search warrant and against plaintiff's
protests, searched the premises. Officer forced plaintiff, who was disabled,
to ascend stairs and open an office/warehouse located above restaurant.
Plaintiff complied. Officers searched and found a warehouse full of boxes
and used restaurant equipment. Plaintiff's disability was exacerbated.
The Madrid Law Firm filed a
federal civil rights lawsuit under
42 U.S.C. 1983 against this officer, his police department and the City.
Result: Settlement in favor of the Plaintiff
DISMISSAL FOR TWO COUNTS OF CRIMINAL THREATS
Ed Madrid gets felony case dismissed at the Preliminary Hearing. Client
was charged with two counts of Criminal Threats (Penal Code Section 422)
and one count of Attempted Extortion (Penal Code Section 524). During
our initial interview with our client, she told us that she gave a statement
to the police, her statement was audio recorded, and she was never advised
of her Miranda rights. She further stated that she was not asked to sign
the Miranda Consent Form until AFTER her interrogation. Ed Madrid requested
the audio recordings. The District Attorney's office failed to respond
to the request. Ed Madrid filed a discovery motion, which prompted the
Deputy District Attorney to turn over the recording. The recording corroborated
the fact that our client was never advised of her Miranda rights prior
to questioning. The arresting officer admitted during the preliminary
hearing that our client was not advised of her Miranda rights, and was
not given the consent form until after the interrogation. Given that there
was insufficient evidence against our client, the case was
JURY RETURNS VERDICT OF "NOT GUILTY" IN DOMESTIC VIOLENCE CASE: Our client was arrested and charged with Penal Code Section 243(e)(1)-Domestic
Violence. Our client maintained his innocence from day 1. The district
attorney's offer was 60 days in county jail plus domestic violence
terms. After a contentious 4-day trial, the jury deliberated for 45 minutes
and returned with a verdict of
NOT GUILTY! Kudos to Erica L. Madrid, Esq. who never weakens and fights for her clients.
Diversion for Domestic Violence Case: Client was arrested for a misdemeanor violation of Penal Code 273.5(a)
(domestic violence) for allegedly striking the mother of his child. Client
denied the allegations. The offer included a guilty plea to Penal Code
Section 273.5(a), 3 years summary probation, a 52-week Batterer's
Treatment Program and a criminal protective order for the alleged victim.
Team Madrid set the case for trial. On the eve of trial, Team Madrid negotiated
an agreement wherein the client will attend 30 sessions of domestic violence
classes and upon completion the charges will be dismissed. As a result,
the client will not suffer a criminal conviction!
DISMISSAL FOR POSSESSION FOR SALE CHARGES: Our client was at a local bar when he allegedly offered to sell Ecstasy
to a security guard. The security guard called the police and detained
our client until the police arrived. The police thereafter seized our
client's cell phone, went through his text messages, after which our
client was arrested for Possession for Sale of a Controlled Substance,
a violation of Health and Safety Code Section 11378 and being Under the
Influence of a Controlled Substance, a violation of Health and Safety
Code Section 11550. Our client's state prison exposure was a minimum
of 16 months, and a maximum of 3 years. Believing that the seizure of
our client's cell phone, and its contents, was illegal, The Madrid
Law Firm filed a Motion to Suppress Evidence pursuant to Penal Code Section
1538.5. Prior to the hearing on the motion, The Madrid Law Firm was able
to negotiate a Proposition 36 disposition for the client wherein the client
will complete a drug rehabilitation program in lieu of any jail time whatsoever.
DISMISSAL OF ARMED ROBBERY CHARGES: Our client was arrested in East Los Angeles for allegedly committing an
armed robbery, a violation of Penal Code Section 211. The police contended
that three young bald Hispanics wearing white T-shirts held up and robbed
an individual at gun point. Our client, a young, bald, Hispanic, who happened
to be wearing a White T-shirt on the day in question, was subsequently
arrested. Upon interviewing our Client in jail, our client explained to
us that he was not even in the area at the time of the alleged robbery,
but rather he was at the Stonewood Mall in Downey. Then, after leaving
the mall, he stopped to put gas at an ARCO station near the mall. Erica
armed herself with Subpoenas and went to the Mall and the gas station
and secured their videotapes. Both videotapes showed the client at the
mall and gas station at or near the time of the robbery. Both Ed and Erica
met with the Deputy District Attorney and showed him the exculpatory evidence
coupled with Google Maps showing the distance from the location of the
robbery in East L.A. and the location of our client at the time (Downey,
CA). Client was, thereafter, immediately released from custody and the
case was DISMISSED!! The Client's family, after hearing the result
in open court, cheered, clapped, and cried tears of happiness!
NOT GUILTY ON ALL COUNTS: Client's 4 month old child had been taken by his mother to a house
where the residents smoke marijuana prescribed and recreationally. Client
was outraged because he did not want his child exposed to marijuana second-hand
smoke. He drove to the residence to pick up his child. He had no car seat
in his vehicle. Over the family's objection and protest, client took
the child out of the house and carried the child like a football as he
drove away from this residence. The mother flagged down a police officer
who gave chase to client. Client was pulled over. Client was charged with
Child Endangerment in violation of Penal Code Section 273a(b) and Evading
in violation of California Vehicle Code Section 2800.1. The district attorney
offered client to plead guilty and 4 months in jail. Erica L. Madrid said
"No Way!" After a grueling three day jury trial wherein Erica
asserted the Defense of Necessity, the jury returned a NOT GUILTY VERDICT
on both counts.
DISMISSAL OF ALL CHARGES: Client was charged with violation of Penal Code Section 288(c)(1), a
felony, with lewd and lascivious conduct with a minor. Before coming to
the Madrid Law Firm, client was told by her prior attorney that she had
no defense, plead guilty, go to jail for 1 year and register as a sex
offender for the rest of her life. Her prior attorney had filled out all
the necessary forms so client could plead guilty. Client told prior attorney,
"I didn't do anything." Prior Attorney stated, "It
doesn't matter. You have no defense." Client was wrongfully accused
of having oral copulation and sexual intercourse with a minor. Erica L.
Madrid took the lead, propounded discovery, thoroughly investigated the
parties and circumstances and handled the preliminary hearing as a mini-trial.
The hearing established that client was the victim of the minor and that
the minor appeared to have actually raped the client, which culminated
in a dismissal of all charges.
NOT GUILTY ON RAPE CHARGE: Client met girlfriend after he received a golden parachute retirement
settlement from his company. Client and girlfriend moved in together.
Client bought her furniture, jewelry, valuable paintings and prints, new
car and took her on many vacations. After money ran out and client told
girlfriend they were both going to have get jobs to continue living at
the standard they were accustomed, girlfriend balked at the idea. An argument
ensued and girlfriend physically attacked client. After client calmed
her down, they made up. Later that night, she sneaked out, called police
and claimed that she had been raped by client. Client arrested and held
on no bail. Client's family retained 1st attorney. Attorney after taking their money and doing no discovery, said
no hope, no defense and to plead guilty. Attorney met with client on a
brief occasion and told him only option is to plead guilty. Family fires
attorney and retains Madrid Law Firm. Ed was lead attorney. After a full-blown
jury trial, jury came back with Not Guilty verdict.
NOT GUILTY ON RAPE AND KIDNAPPING CHARGES. Client and his ex-wife were trying to reconcile their differences. An
argument ensued and client struck and beat his wife. He then threatened
to throw her in the trunk of his car. He then took wife from Riverside
County to San Bernardino County. Client then took ex-wife to hospital
as she had sustained a broken bone during their fight. The ex-wife reported
that client had beaten her, kidnapped and raped her. The DA filed Rape
with Kidnapping charges and a Kidnapping with Rape charges giving the
client an exposure of two consecutive life sentences. During the trial,
client conceded that he struck his wife and took her against her will.
The jury found the client guilty of domestic violence and kidnapping,
which gave the client a total of 6 years in prison rather than the two
consecutive life sentences the DA was seeking. A big victory for client!
DISMISSAL OF ALL CHARGES: Client was engaged in a fight with the alleged victim. A third party came
from behind the alleged victim and struck him over the head with a skateboard.
The victim was severely injured, which required emergency treatment at
local hospital. Client and third party were arrested and charged with
P.C. 245-Assault with Deadly Weapon. Client retained Madrid Law Firm.
Erica Madrid took the lead. After much investigation, Erica successfully
negotiated a complete dismissal of all charges.
NOT GUILTY ON ALL FELONY CHARGES: Client allegedly struck his girlfriend, tore her phone out of the wall,
threatened to kill her kids, and attempted to flee from officers when
they arrived. As he attempted to flee, the officers fired a Taser gun
on the client and while disabled on the ground. They proceeded to tase
him for over 30 seconds. Client was charged with Domestic Violence-Penal
Code 273, Criminal Threats-Penal Code 422 and Felony Fleeing-Penal Code
69. Client was deemed a Parolee-at-Large. Erica took the lead as trial
counsel. After a grueling jury trial, the jury returned a Not Guilty verdict
on all felony counts.
NOT GUILTY ON MARIJUANA CULTIVATION CHARGES: Client, a tenant, was arrested and charged with possession and cultivation
of marijuana. The sheriffs found 1,000 marijuana plants and a full grow
operation on the second story of his residence. Client resided on the 1st story. Client and his landlord were both charged with cultivation of marijuana
in violation of Health and Safety Code section 11358. After a grueling
two-defendant jury trial, the jury returned a Not Guilty verdict on the
cultivation of marijuana charge.
NOT GUILTY ON VANDALISM CHARGE: The rank and file of Client's company were on strike with company.
A picket [employee on picket line] broke headlight of company tractor-trailer.
Security chased him but could not catch him. Client was standing by watching
when security turned around and accused client of having broken headlight.
Client was arrested. Union attorneys told client to plead guilty and they
would pay the fine. Client refused. Client wanted his day in court. Client
fired union attorney and hired the Madrid Law Firm. Ed was the lead attorney.
After a full-blown jury trial, the jury came back with a Not Guilty verdict in
5 minutes. The bench officer opined that this was the fastest verdict in county
history and perhaps the State.
DISMISSAL OF MURDER CHARGES: Client was arrested for allegedly killing two individuals on a drive-by
shooting. The incident was characterized as gang-related. Madrid Law Firm
treats preliminary hearings like mini-trials. Madrid Law Firm filed numerous
discovery requests and motions regarding the forensic evidence that was
recovered from the scene and the alleged auto involved in this incident.
At the preliminary hearing, all forensic evidence was vigorously challenged,
which included GSR, fingerprints, bullets and casings. Following the preliminary
hearing, a motion was filed to dismiss all murder charges and before the
motion was heard, the district attorney dismissed all charges and the
client was released forthwith.
DISMISSAL OF VEHICLULAR MANSLAUGHTER CHARGES: Client and his best friend were traveling on a highway in the State of
New Mexico. Client's vehicle lost control and vehicle crossed center
divider and hit the oncoming vehicle head on. One of the occupants of
the other vehicle was killed and Client's friend was killed. All parties
were found outside of the vehicle. Client was under the influence of alcohol.
After an extensive investigation, discovery motions and a contentious
preliminary hearing, the Vehicular Manslaughter Case was dismissed, as
the prosecution was unable to establish that client was driving the vehicle
at the time of the accident.
DISMISSAL OF ALL FELONY COUNTS: Team Madrid was retained to represent a client stemming from a domestic
violence dispute charged with multiple felony criminal threats. Client
was re-arrested and additional felony charges were brought for allegedly
stalking the alleged victim and in addition to the criminal charges, restraining
orders were sought against the client. Team Madrid stepped in and secured
a dismissal of all felony counts.
FELONY REDUCED TO MISDEMEANOR: A client had a verbal exchange with a police officer over a traffic ticket
dispute. After the police officer threatened to seize the client's
tractor and trailer, he cited the client for multiple infractions. Client
then left upset, allegedly called the police department on his cell phone,
and allegedly advised the dispatcher that if he saw this certain motor
officer on the street he was going to run him over. Client was arrested
for felony criminal threats. After Team Madrid filed a P.C. § 995
Motion to Dismiss, the matter was reduced to a misdemeanor and ultimately resolved.
CASE DISMISSAL AND CIVIL RIGHTS ACTION: Client was arrested for DUI on the 4th of July. According to the report, the client had a .17 & .18 blood
alcohol level. Additionally, the officer stated multiple traffic infractions,
including failing to yield for oncoming traffic, causing near collisions,
weaving, and driving on the wrong side of the road. Team Madrid secured
the videotape, which demonstrated no traffic infractions at all. Team
Madrid filed a P.C. § 1538.5 Motion to Suppress, which was granted.
Criminal case was dismissed. Team Madrid then filed a civil rights action
against the officer and police department. The case settled.
DISMISSAL OF ALL CHARGES: Client and co-defendant were arrested for felony vandalism. The client
and co-defendant defaced private and public property, by tagging and painting
graffiti throughout the County. Team Madrid was able to negotiate a civil
compromise with the district attorney culminating in a dismissal of all charges.