Murder
Client charged with murder and personal use of a firearm causing death. Client faced 50 years to live in prison. After presenting evidence at the preliminary hearing Simmons Wagner was successful in convincing the DA that the client acted in imperfect self-defense. Case was reduced to a voluntary manslaughter and client received 7 years in state prison.
Murder
High profile media case involving a minor charged with murder. Minor facing 25 years to life in prison. Simmons Wagner presented a mitigation package to the DA. After much discussion the DA finally agreed to try the minor in juvenile court. Maximum exposure is now 7 years in a youth facility.
Attempted Murder
Client charged with attempted murder alleging premeditation and deliberation. Client faced life in prison if convicted. Simmons Wagner was successful in convincing the judge to grant mental health diversion. Upon proof of successful completion of counselling case dismissed.
Home Invasion Robbery and Assault with a Semiautomatic Firearm
Client charged with first degree residential robbery, first degree burglary, and assault with a semiautomatic firearm. By doing an extensive background investigation on the victim Simmons Wagner was able to get the DA to dismiss all charges and allow our client to plead to a misdemeanor weapons charge. Client received one-year informal probation with no jail time. The co-defendant that was not represented by the firm was sentenced to state prison.
Residential Burglary
Client charged with residential burglary after breaking into a residence and stealing money and checks from a safe. Simmons Wagner was successful in getting the DA to dismiss the residential burglary charge and client plead guilty to the reduced charge of grand theft.
Driving Under the Influence Causing Death
Client was facing a potential sentence of 15 years to life on a Watson murder theory. Client’s blood alcohol was .22 when she struck and killed a tow truck driver that was putting gas into a stranded vehicle on the side of the freeway. Simmons Wagner successfully negotiated a plea deal where client plead guilty to Vehicular Manslaughter while intoxicated and served 4 years in prison.
Felony Driving Under the Influence Causing Great Bodily Injury
Client charged with felony driving under the influence causing great bodily injury. Simmons Wagner was successful in getting the case dismissed.
Felony Driving Under the Influence Causing Great Bodily Injury
Client was charged with DUI causing injuries. Simmons Wagner was able to obtain surveillance footage of the accident from a nearby gas station which told a different story than the police report. Case dismissed.
Felony Driving Under the Influence Causing Great Bodily Injury
Client hired Simmons Wagner for pre-filing representation after being arrested for Felony Driving Under the Influence causing great bodily injury. Simmons Wagner hired an accident reconstructionist and was successful in convincing the DA not to file charges. The Firm was also successful in defending the client at the DMV hearing saving his privilege to drive.
Driving Under the Influence and Child Endangerment
Client was charged with DUI and child endangerment for having her infant in the car. Client’s blood alcohol was .25. Simmons Wagner was able to negotiate with the DA to get the Child Endangerment charges dropped and no jail time.
Driving Under the Influence
Client picked up a second DUI, within one year of his prior, with a blood alcohol of .22. Client was arrested shortly before midnight and released the next day. Simmons Wagner was able to resolve the open DUI case and the probation violation for no additional jail time.
Sex Crimes and Human Trafficking
Clients were arrested and charged with human trafficking, forcible rape, and marijuana sales. Clients were facing 90 years in state prison if convicted. Through investigation Simmons Wagner was able to prove the victims were not truthful in their statements to the investigators. Prior to preliminary hearing, Simmons Wagner was able to resolve the case for a misdemeanor prostitution charge, and marijuana cultivation.
Penal Code section 288.3 and 288.4 (Contact with a minor with intent to commit sexual offenses)
Client, a commercial pilot, was arrested and charged with communicating with a minor and arranging to meet a minor with the intent to commit sexual offenses. After a year of negotiations Simmons Wagner was able to convince the DA to dismiss the charges.
Juvenile Unlawful Sexual Conduct
Minor detained for digital penetration of another minor. Simmons Wagner was retained prior to the filing and was able to convince the DA not to file charges.
Juvenile Unlawful Sexual Conduct
Minor charged with felony sex crimes against another minor. Simmons Wagner was successful in convincing the judge to grant diversion. With successful completion of counselling case was dismissed.
Terrorist Threats PC 422
Client, a police officer, hired Simmons Wagner for pre-filing representation. Client was accused of threatening his wife. Simmons Wagner met with the DA and convinced them not to file the case.
Drug Sales Cases
Possession for sale of Xanax and fentanyl. Client agreed to sell and met with an undercover narcotics officer. All felony charges were reduced to misdemeanors with informal probation and no jail time.
Drug Sales Cases
Client was stopped by a narcotics task force team with more than 20 kilos of methamphetamine in the car. Simmons Wagner was able to negotiate a deal with the judge for a reduced sentence of 4 years in the county jail..
Drug Sales Cases
Client was charged with six separate drug related felonies, including over 300 Ecstasy pills, 1,000 tabs of LSD, six ounces of cocaine, as well as maintaining a dwelling for the purposes of selling controlled substances. Simmons Wagner was able to resolve the case for probation only no jail time.
Assault with a Deadly Weapon- Vehicle
Client charged with assault with a deadly weapon-vehicle for intentionally running over the victim. Simmons Wagner succeeded in getting the court to grant mental health diversion. Upon proof of completion of counselling case dismissed.
Assault by means likely to produce Great Bodily Injury
Client, who was a university student, was arrested for assault by means likely to produce great bodily injury upon another student at an off-campus party. With the help of Simmons Wagner, the District Attorney declined to file charges, and client was not charged with a school policy violation.
Assault and Battery on a Police Officer
Client was an attorney that was arrested for assault and battery on a police officer. Simmons Wagner sent out their team of private investigators (all former high ranking police detectives) to obtain surveillance footage from the surrounding area that police never collected. After reviewing the footage, the DA agreed not to file charges.
Assault and Battery
Client was arrested for assault and battery upon an employee of an amusement park in Orange County. Client eventually had his case diverted and dismissed, without having to pay restitution.
Possession of a concealed firearm
Client was stopped for a traffic violation. Police recovered a loaded firearm in the trunk. Simmons Wagner was successful in getting the court to grant judicial diversion. With proof of completion of a gun safety class and 20 hours of community service the case was dismissed.
Possession of a concealed firearm
Client was contacted by the police for sleeping in his vehicle. The police located a loaded firearm between the driver’s seat and center console. The police also located half a pound of marijuana in the back seat. Simmons Wagner was successful in getting the court to grant judicial diversion. With proof of completion of a gun safety class and 20 hours of community service the case was dismissed.
Domestic Violence
Client arrested for felony domestic violence, which was captured on apartment surveillance cameras. Simmons Wagner presented mitigation package to DA and DA agreed to file a misdemeanor. Case ultimately reduced to simple assault with no jail time.
Domestic Violence
Many clients arrested for felony domestic violence. Simmons Wagner talked to DA and presented mitigation packages. In most cases the DA agreed not to file felony charges. In some cases, the DA outright rejected the case.
Domestic Violence Restraining Orders (DVRO)
Simmons Wagner has successfully represented many petitioners in obtaining 5-year domestic violence restraining orders.
Domestic Violence Restraining Orders (DVRO)
Simmons Wagner has also successfully represented many respondents in defeating the petitioners request for a DVRO.
Domestic Violence Restraining Orders (DVRO)
Simmons Wagner has successfully settled many DVRO cases, without going to hearing, saving their clients thousands of dollars in attorney’s fees.
Embezzlement
Client accused of embezzling $30,000 from employer. Simmons Wagner was retained early in the process and presented their investigation and mitigation package to law enforcement. DA agreed not to file a criminal case.