San Diego Criminal Defense Attorneys | LAWSTACHE Real Cases

San Diego Criminal Defense Attorneys at LAWSTACHE™ LAW FIRM wish to share their recent victories in State and Federal Courts. These victories fuel San Diego Criminal Defense Attorneys at LAWSTACHE™ LAW FIRM’s commitment to upholding the principles of fairness, integrity, and the rule of law. 

  • A San Diego County Superior Court judge DISMISSED a lawsuit seeking to enforce a $31 million money judgment in Russia against a defendant now living in the U.S. Anton Vialtsin, managing partner of San Diego Criminal Defense Attorneys at LAWSTACHE™ LAW FIRM, represented the defendant. OAO Alfa-Bank v. Yakovlev
  • Federal Felony Case REDUCED TO A MISDEMEANOR and SENTENCED TO TIME-SERVED (5 DAYS) and NO PROBATION TO FOLLOW, July 2024. 8 U.S.C. Sec. 1324(a)(1)(A)(ii) – Transportation of Illegal Aliens. On May 13, 2024, the Calexico Station’s Anti-Smuggling Unit (ASU) was conducting surveillance in the East Desert of the Calexico Border Patrol Station’s Area of Responsibility, approximately 25 miles east of Calexico West Port of Entry. This area of the border region consists mainly of spotted brush and open desert. In this area, there is fence on the International Boundary that is approximately 20 feet tall. The All-American Canal (AAC) runs parallel to the International Boundary Fence (IBF) in this area and is approximately one-half mile north of the border. Interstate 8 (I-8) is approximately one quarter mile north of the IBF and runs parallel to it. On this date, at approximately 1 :08 p.m., a National Guard Soldier operating a Mobile Surveillance Camera Truck near Schneider’s Bridge, observed two suspected illegal aliens climb over the IBF and run north towards the AAC. The client picked up two illegal aliens shortly thereafter. Attorney Anton Vialtsin convinced the United States Attorney’s Office to allow his client to plead guilty to a misdemeanor, “Accessory After the Fact,” with a joint recommended sentence of one-year probation. [Federal Court, Southern District of California]. United States of America v. R.M.

    San Diego Drug Criminal Defense Attorney
  • State Felony Case DISMISSED by the San Diego Superior Court (over DA’s objection), March 2023. The Court dismissed the felony case per PC 1385 after Anton Vialtsin filed a Speedy Trial Motion on the grounds that the prosecution and law enforcement unreasonably relayed executing a warrant, initiating the criminal proceedings, and bringing the defendant before the Court, violating the defendant’s right to a speedy trial guaranteed by the Sixth and Fourteenth Amendment to the United States Constitution and Article I, Section 15 of the California Constitution. People of California v. T.G.
  • Federal Felony Case DISMISSED, February 2023. JUDGMENT OF DISMISSAL in Criminal Case as to “E.P.” Count 1, knowingly and intentionally importing approximately 71.07 pounds of methamphetamine, in violation of Title 21 USC Sec. 952 and 960. Attorney Anton Vialtsin, managing partner of San Diego Criminal Defense Attorneys at LAWSTACHE™ LAW FIRM, argued a violation of Miranda and 4th Amendment rights when DEA installed a GPS device on the client’s vehicle at the border without a warrant. [Federal Court, Southern District of California]. United States of America v. E.P.
  • Federal Felony Case DISMISSED, August 2023. JUDGMENT OF DISMISSAL in Criminal Case as to “J.N.B.” Count 1, knowingly and intentionally transporting illegal aliens and aiding and abetting, in violation of Title 8 USC Sec. 1324. Managing partner of San Diego Criminal Defense Attorneys at LAWSTACHE™ LAW FIRM, Anton Vialtsin, argued that mere presence in the vehicle is not enough to convict an occupant of the vehicle. [Federal Court, Southern District of California]. United States of America v. J.N.B.
  • Federal Felony Case TIME SERVED (7 days), August 2023. Count 1, knowingly and intentionally transporting illegal aliens and aiding and abetting, in violation of Title 8 USC Sec. 1324. The client transported a 7-year-old minor across the border. Managing partner of San Diego Criminal Defense Attorneys at LAWSTACHE™ LAW FIRM, Anton Vialtsin, argued for a significant departure under the Federal Sentencing Guidelines for his client’s caretaking responsibilities as a parent to her two children, including a six-year-old son with autism. [Federal Court, Southern District of California]. United States of America v. R.H.
  • Federal Felony Case DISMISSED, May 2022. JUDGMENT OF DISMISSAL in Criminal Case as to “V.L.” Count 1, knowingly and intentionally importing approximately 51.4 pounds of methamphetamine, in violation of Title 21 USC Sec. 952 and 960 [Federal Court, Southern District of California]. United States of America v. V.L.
  • Former Xolos star sentenced to time served for smuggling undocumented women through border. https://www.sandiegouniontribune.com/news/courts/story/2022-12-05/former-xolos-star-sentenced-to-time-served-for-smuggling-undocumented-women-through-otay-mesa-border December 2022
  • Raúl Enríquez, ex estrella de los Xolos es sentenciado por tráfico humano https://www.telemundo20.com/noticias/local/raul-enriquez-ex-estrella-de-los-xolos-es-sentenciado-por-trafico-humano/2261914/?fbclid=IwAR02j2kQ504z_xovKgozi41NGmCOymowou0kVK6bVQ_5Q4OaWfGxry6Etug December 2022
  • Federal Felony Case REDUCED TO MISDEMEANOR AND TIME-SERVED, November 2022. Client was initially indicted on three felony counts of possession with intent to distribute methamphetamine, heroin, and fentanyl in violation of Title 21 USC Sec. 841(a)(1). [Federal Court, Southern District of California]. United States of America v. H.P.. Attorney Anton Vialtsin was able to negotiate a misdemeanor plea to simple possession with time-served sentence.
  • California State Case. People of California v. B.N., November 2022
    • CASE 1.
      • Count 1: CHILD ENDANGERMENT, in violation of Section 273a(a) of the Penal Code, a felony;
      • Count 2: POSSESSION FOR SALE OF A CONTROLLED SUBSTANCE (Methamphetamine), in violation of Section 11378 of the Health and Safety Code, a felony;
      • Count 3: POSSESSION FOR SALE OF A CONTROLLED SUBSTANCE (Cocaine), in violation of Section 11351 of the Health and Safety Code, a felony;
      • Count 4: UNLAWFUL POSSESSION OF A CONTROLLED SUBSTANCE WHILE ARMED WITH A FIREARM (AK-47 style rifle and Glock style handgun), in violation of Section 11370.1(a) of the Health and Safety Code, a felony;
      • Count 5: POSSESSION OF A SHORT-BARRELED RIFLE OR SHORT-BARRELED SHOTGUN (AR-15 style rifle with a short barrel), in violation of Section 33215 of the Penal Code, a felony.
      • The evidence seized included unserialized firearms, conversion kits, homemade silencers, magazines, ammunition, narcotics, and drug paraphernalia. Case 1 occurred while the client was on bond on Case 2 allegations. 
    • CASE 2.
      • Count 1: VANDALISM, in violation of Section 594(b)(1) of the Penal Code, a felony;
      • Count 2: BATTERY, in violation of Section 242 of the Penal Code, a misdemeanor.
    • GLOBAL RESOLUTION: CASE 2: DISMISSED. CASE 1: Plead to 2 counts, four (4) years of Probation, 270 days (135 days with Good-Time Credits) in local sheriff custody with prosecutor’s recommendation for application for Parole/House Arrest. The client was granted parole.
  • Anton Vialtsin Dismissed Case (Redacted)Federal Felony Case DISMISSED, September 2022. Judgment of Dismissal in Criminal Case, United States of America v. R.R. Client was charged with knowingly transporting aliens into the United States through a port of entry in violation of Title 8, United States Code, Section 1324. The case was dismissed after Attorney Anton Vialtsin successfully argued to the District Judge that his client was incompetent to stand trial. [Federal Court, Southern District of California]. United States of America v. R.R.
  • Federal Felony Case DISMISSED. Client charged with knowingly and intentionally possessing with intent to distribute approximately 34.5 pounds of methamphetamine, a Schedule II controlled substance, in violation of Title 21 USC Sec. 841(a)(1) [Federal Court, Southern District of California]. United States of America v. J.A.
  • October 16, 2021 Colombian sentenced — for second time — in drug-trafficking exploit on the high seas, https://www.sandiegouniontribune.com/news/courts/story/2021-10-16/colombian-sentenced-drug-trafficking-semi-submersible
  • October 16, 2021 United States Attorney’s Office, Southern District of California, Recidivist Maritime Drug Trafficker Sentenced to 200 Months in Prison for Operating a Semi-Submersible with 4,400 pounds of Cocaine https://www.justice.gov/usao-sdca/pr/recidivist-maritime-drug-trafficker-sentenced-200-months-prison-operating-semi
  • Federal Felony Case DISMISSED, December 2019. JUDGMENT OF DISMISSAL in Criminal Case as to “D.C.” Count 1, knowingly and intentionally importing approximately 8.03 pounds of cocaine, and Count 2, knowingly and intentionally importing approximately 2.11 pounds of methamphetamine, in violation of Title 21 USC Sec. 952 and 960 [Federal Court, Southern District of California]. United States of America v. D.C.
  • Federal Methamphetamine Drug Felony Case, February 2021. Conspiracy to Distribute more than 50 grams Methamphetamine, in violation of Title 21 USC Sec. 841(a)(1) and 846. Attorney Anton Vialtsin extensively litigated sentencing departures due to the client’s pre-arrest rehabilitation and tragic childhood. The guideline range was 57-71 months and with a minor-role reduction, 46-57 months. The District Judge agreed with attorney Anton Vialtsin and committed the client to BOP custody for Time Served (1 day). Supervised release for three (3) years. No fine.  [Federal Court, Southern District of California]. United States of America v. Z.G.
  • Federal Felony Case, April 2020. Knowingly and intentionally importing approximately 21.92 pounds of methamphetamine (9.9 kg), in violation of Title 21 USC Sec. 952 and 960. Committed to custody of BOP for term of Time Served (250 days). [Federal Court, Southern District of California]. United States of America v. S.M.
  • San Diego Passport and Immigration OffensesFederal Felony Case DISMISSED. Client charged with 18 USC 1546(a) – Fraud and Misuse of Entry Document (Felony) and 18 USC 1546(a) – False Statement in Immigration Application (Felony). Client allegedly misstated information on his/her asylum application. A conviction would have had negative immigration consequences, including deportation.  [Federal Court, Southern District of California]. United States of America v. W.N.W.
  • Federal Felony Case. Client charged with 18 USC 641 – Receipt, Concealment, and Retention of Stolen Public Money. The alleged amount of nearly $25,000. Negotiated the case to resolve in a misdemeanor. Sentenced to unsupervised probation.   [Federal Court, Southern District of California]. United States of America v. R.R.C.
  • Client convicted of 22 counts fraud and embezzlement in excess of $500,000 and losses of nearly one million dollars received straight probation and no jail time. The government’s offer and the probation departments recommendation was over eight years in prison. People of California v. K.P 
  • Attempted Murder charge PC664/PC187(a) plus special allegations PC1192.7(c)(23), PC1192.7(c)(8), PC12022.7(e) | Felony Charge | Prison Sentence Range: Minimum 5 years and Maximum 14 years in California State PRISON. Results: 365 days sentence in local JAIL. People of California v. K.M. 
  • Successfully negotiated a DISMISSAL through a one year diversion with no prison time for a client charged with knowingly transporting aliens within the United States in furtherance of the violation of the immigration law; in violation of Title 8, United States Code, Section 1324(a)(1)(A)(ii). [Federal Court, Southern District of California]. United States of America v. D.R. 
  • Arrested by ICEFelony Case DISMISSED. Client charged with knowingly transporting aliens within the United States in furtherance of the violation of the immigration law; in violation of Title 8, United States Code, Section 1324(a)(1)(A)(ii). [Federal Court, Southern District of California]. United States of of America v. A.E.B. 
  • Felony Case DISMISSED. Client charged with knowingly transporting three aliens within the United States in furtherance of the violation of the immigration law, which was done for the purpose of commercial advantage or private financial gain; in violation of Title 8, United States Code, Section 1324(a)(1)(A)(ii). [Federal Court, Southern District of California]. United States of America v. A.M. 
  • Felony Case REDUCED. Client charged with knowingly transporting five aliens within the United States in furtherance of the violation of the immigration law, which was done for the purpose of commercial advantage or private financial gain; in violation of Title 8, United States Code, Section 1324(a)(1)(A)(ii) (Felony). The charge was reduced by superceding information to Accessory After the Fact a Class B Misdemeanor. Client sentenced to time served (1 month 28 days). [Federal Court, Southern District of California]. United States of America v. T.P.R.
  • Case REJECTED. Negotiated a rejection of the case with the San Diego City Attorney. The client was arrested for a violation of the restraining/protective order PC 273.6, which triggers immediate deportation because it was issued pursuant to California Family Code 6320. Prepared a pre-arraignment mitigation packet for the City Attorney. The deputy city attorney agreed not to file charges. [San Diego State Court]. People of California v. I.M.
  • .405% BAC. Second (2nd) Driving Under the Influence (VC 23152) offense with a crash.  Pre-Trial plea to 96 hours of custody, 26 days SCRAM ankle monitor with permission to travel, AA meetings, 15 days public work service (post conviction modification to 120 hours of volunteer work to be completed in one year).  People of California v. G.B. 
  • Second and Third DUI. Second DUI at .14% BAC with speeding and reckless driving with speeds of 30 MPH above the posted speed limit. While on bond, third DUI at .22% BAC with misdemeanor evading while driving recklessly (VC2800.2) at 113 MPH and driving with a restricted license (VC 14601.21(b)). Result: Convinced the prosecutor to transfer the case to the DUI court, 45 days in custody, 18 months DUI Court program. Post-conviction court fees waived.  People of California v. G.H. 
  • BP Code 4060. Misdemeanor Possession of a Controlled Substance without Prescription. DISMISSED after counsel proved that the drug in question did not meet the definition of a controlled substance.  People of California v. S.R. 
  • B & P 25662. Any person under 21 years of age who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor and shall be punished by a fine of two hundred fifty dollars ($250) or the person shall be required to perform not less than 24 hours or more than 32 hours of community service during hours when the person is not employed or is not attending school. 13202.5. (a) For each conviction of a person for an offense specified in subdivision (d) (which includes B & P 25662), committed while the person was under the age of 21 years, but 13 years of age or older, the court shall suspend the person’s driving privilege for one year. Case DISMISSED May 2019. 
  • 1203.4 Expungement. Client successfully granted the petition of dismissal and expungement of his Vehicular Code 23152(b) DUI conviction. People of California v. DV

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