Criminal Trial Practice

Examples of Mr. Benice’s successful criminal trial practice include:

People vs. Castro, et al.

Beginning in 2005, and concluding in 2008, Mr. Benice represented the defendant against forty-six felony counts of securities fraud in the San Diego County Superior Court. The defendant faced in excess of twelve-years in state prison if convicted on all counts. The prosecutor contended that defendant misappropriated in excess of $20,000,000 through the use of a Ponzi scheme. After extensive pretrial proceedings, Mr. Benice succeeded in securing a favorable resolution, resulting in a plea agreement and sentence consisting of thirty-six months in a halfway house.

People vs. Bock, Worley, et al.

In 2006, Mr. Benice successfully represented two southern California animal breeders who were charged in Orange County Superior Court, with multiple counts of felony animal cruelty. Prosecutors sought substantial prison time and significant restitution from the defendants. At the conclusion of the Preliminary Hearing, the trial court dismissed all felony charges. After the trial court’s dismissal of the felony charges, Mr. Benice then negotiated a favorable resolution of the remaining misdemeanor counts, resulting in probation for the defendants.

People vs. Parker

In August 2005, Mr. Benice successfully negotiated a plea agreement for his client, Stephen Parker. Mr. Parker was charged with multiple counts of felony receiving stolen property and drug possession arising from his alleged involvement with the Monguls motorcycle gang. Because of a prior stolen property felony conviction, Mr. Parker was subject to a potential twelve-year state prison sentence. However, during pretrial proceedings, Mr. Benice successfully demonstrated that the arresting officers had falsely stated in police reports that Mr. Parker had “confessed” to the crime after being read his Miranda rights. In fact, he had not been so advised and had made no “confession.” As a consequence of Mr. Benice’s efforts, at the trial judge’s recommendation, the prosecution offered Mr. Parker a three-year sentence at a halfway house in Los Angeles, which Mr. Parker accepted.

People vs. Bornstein

In December 2003, Mr. Benice successfully represented a defendant charged in Orange County Superior Court, inter alia, with felony assault with a deadly weapon with the intent to cause bodily injury. After a four-day jury trial, Mr. Benice obtained an acquittal of the charge against the defendant.

People vs. Michael F. Goodwin

Mr. Benice currently represents Michael Goodwin, the primary suspect in the 1988 murders of racecar driver Mickey Thompson and his wife Trudy. This case has received media coverage throughout the United States.

Mr. Benice is also defending Mr. Goodwin in a Federal Court probation revocation proceeding.

On June 26, 2001, the California Court of Appeal granted Mr. Goodwin’s application for a Writ of Mandate in a published opinion to prevent the prosecution from wrongfully compelling Mr. Goodwin to appear in a lineup.

United States vs. James Greulich

In an action in the United States District Court, Central District of California, the Government attempted to obtain a five-year sentence and a $450,000 restitution order for income tax fraud against a prominent racetrack gambler, James Greulich.

During sentencing hearings, Mr. Benice successfully limited Mr. Greulich’s incarceration period to 15-months without restitution. In November 2001, the Ninth Circuit Court of Appeals reversed the most significant elements of Mr. Greulich’s conviction.

People vs. Ousley

In a California Superior Court action, Mr. Benice successfully represented a defendant charged with felony vehicular manslaughter. The defendant recklessly drove a vehicle while allegedly under the influence of methamphetamine, colliding with another motor vehicle, killing the defendant’s passenger.

Mr. Benice succeeded in excluding a blood test taken after the defendant’s arrest on the ground the test was not properly conducted.

The blood test’s exclusion eliminated any evidence of the defendant’s alleged methamphetamine usage. Mr. Benice then successfully negotiated a misdemeanor plea to reckless driving.