Client charged with counterfeiting, possession of meth for sale, possession of counterfeit equipment, and ex-felon in possession of a firearm. After motions were filed, client received credit for time served, approximately 5 months.
Client charged with illegal alien smuggling: 12 counts. Negotiated an entry of deferred prosecution which means no conviction, no fine, no record, and the charge was removed from her record after one year.
Client charged with transportation of illegal aliens for financial gain: 6 counts. Client pled guilty to one misdemeanor count with no jail time, no fine, and one year of unsupervised probation.
Michael Messina represented a husband and wife in an auto collision case. The husband was stopped at an intersction when the defendant collided with his case at 15-20 miles per hour. The force knocked the husband's timing chain two cogs out of balance. He suffered herniated cervical discs at C6-7, C3-4, and C4-5, requiring two separate anterior discectomies. He then developed a pulmonary embolus following the surgery, and there is an indication further surgery may be needed. Attorney Messina obtained a settlement of $500,000.00 for his clients after mediation.
Mike Messina won an appeal in the Ninth Circuit this month in USA v. Perlaza, from convictions under 46 USC 1903, conspiracy to possess cocaine aboard a vessel. The case involved several tons of cocaine cast overboard a speedboat, the convictions of five people in the speedboat, and another five people aboard a nearby rust bucket fishing boat that the prosecution claimed as a supply ship. The Ninth Circuit reversed on two grounds: (1) the failure of indictment to allege, and the government to prove at trial, jurisdiction; and (2) prosecutorial misconduct that was not cured by the district court.
Michael Messina hung a jury 8-4 to release a sexual violent predator. He then won the retrial earlier in December 2002. He waived jury, and the judge adopted his closing argument, stating that the people had failed to meet their burden beyond a reasonable doubt. His client is free!