Herrera

Client's name and photograph used with permission.
After a hard week as a construction foreman you take your boat to the reservoir to relax with your son and your brother. You do your best as a good Samaritan to help two injured people. Instead of going home that day you are handcuffed and taken to jail for murder, with 2 million dollars bail. It was not the day Francisco Herrera had planned. Francisco and his brother were pulling their children on a rubber tube when the collision happened. According to the police, Francisco had negligently caused the accident when his boat collided with the jet ski driven by a 14 year old girl who was accompanied by her 15 year old cousin. The jet ski driver died and her passenger was injured. The arrest warrant charged Mr. Herrera with murder for causing the accident and for failing to aid the injured girls, stating “he drove around in circles and did not attempt” to help the girls. The investigating officer went out of his way in the police report to state that Francisco’s clothes were dry after the accident. Mr. McAllister was hired to fight the charges. His investigation proved that in fact the high-powered jet ski had been taken without permission by an unlicensed and inexperienced driver and that it had run into Francisco’s boat, not the other way around. In fact, Mr. Herrera had jumped into the water to save the girls. One girl was moving-the other was not. Faced with a terrible choice, he went to the girl who was flailing in the water, keeping her afloat till another boat came. Swallowing blood from the water, he helped the men in that boat get the first girl into their boat, then went to the girl who was not moving and helped her into the boat. Later he would say “I can’t get them out of my head. I wish I could’ve done something more, but I couldn’t. I did everything I could.” McAllister’s investigation included finding and interviewing the men in the other boat who confirmed that Francisco had been in the water trying to save their lives. When Kirk McAllister turned the results of his investigation over to the prosecutor, the District Attorney’s office dismissed the murder charges. Francisco was released from jail that day.

Saucedo Case

Jesse Saucedo intended happy night with his friends and his family. He bought twelve tickets to a comedy night at a large theater. What he got was a nightmare.

Jesse, age ___, is a Registered Nurse. Several of his guests were nurses. After a pleasant dinner they walked to the theater and took their seats, all together in one long row.

Seated in the row directly above them was another party. After the show began the woman behind Jesse’s mother kept talking loudly to the person next to her. That woman, heavily intoxicated, briefly was quieter but then resumed talking loudly, drowning out the comedian. When Ms. Saucedo asked her again to be quiet the drunk responded “F… you, bitch” and flipped her off. A male in the drunk’s party called another woman in the Saucedo party a bitch. Jesse Saucedo’s father stood up and the original drunk woman hit him in the face with a hard wine glass, causing injury. Down the row of seats the drunk woman’s husband got out of his seat and aggressively came at Jesse Saucedo. Jesse hit him with two quick punches to the face. The man did not make physical contact with Jesse. The man didn’t fall.

The lights came on, the theater’s security became involved and the police arrived. No one was arrested.

The man Jesse Saucedo hit was 55 years old, with multiple health problems. He was taken to the hospital that night and diagnosed with an acute subdural hematoma. He was discharged 3 days later.

Nearly three weeks later he died.

Jesse Saucedo was charged with felony manslaughter.

The case called for the defense of self-defense. In California if one believes that he or she is in immediate danger of suffering bodily or of being touched unlawfully, one may use the amount of force reasonably necessary to defend against that danger. One does not have a duty to retreat.

However, the defense was more complicated than that. Mr. McAllister called as a witness a well respected neurosurgeon who testified that the deceased had taken a hard fall the month before and had a resulting prior subdural hematoma. With that preexisting condition, a new bleed on the brain could be caused by such a monor event as being jostled in a crowd or even sneezing.

On September ____, 2018 the jury returned its verdict: Not guilty, all counts.

The next day one of the jurors emailed Kirk McAllister: “Hello Mr. McAllister: I was a juror on the Jesse Saucedo Jr. case and I just wanted to say that I feel you did an EXCELLENT job in defending the case and I feel justice was served. Congratulations to both you and Jesse.”
(Capitals in original)

McAllister’s Investigation Frees Innocent Man

Kirk McAllister, author of the Brady Book, represents Sandeep Singh, age 41, a businessman and farmer. On June 26, 2016 Mr. Singh was driving his distinctive-looking pickup truck in Modesto, California at approximately 4:00 PM. A 14 year-old girl reported that Mr. Singh stopped his truck as she was walking from a market, and that he chased her down, grabbed her and tried to kidnap her before she was able to get away. He was immediately arrested down the street and charged with kidnapping. Mr. Singh quickly hired Mr. McAllister to defend him.

Kirk McAllister began his investigation immediately by canvassing the neighborhood for surveillance cameras. His investigator obtained a surveillance video located on a church in sight of the area where the girl said she had been kidnapped. The video showed Mr. Singh’s uniquely painted pickup driving past the girl as she walked with her groceries, without slowing or stopping.

Next Mr. McAllister initiated a social media investigation of the girl. That revealed that she had set up a GoFundMe account 9 days before the reported kidnapping, for the purpose of paying for her return to her home in Arizona, since she was unhappy living with a relative in Modesto.

The prosecutor confronted the girl with Kirk McAllister’s evidence on January 31, 2019. The girl confessed that the entire story was a lie.

On February 6, 2019 Superior Court Judge Ricardo Cordova dismissed the case and made the finding that Sandeep Singh was factually innocent.

Mr. Singh is now truly a free man.

McAllister & McAllister – Criminal Defense Attorneys

Today we live in a world where people need criminal defense attorneys more than ever – particularly people who consider themselves law-abiding and thus immune from government
prosecution.

For example, at McAllister & McAllister we regularly represent businesses and company executives who are charged criminally because an accident has occurred in the workplace resulting in injury or death. These do not fit the common conception of a “criminal.”

Lack of familiarity with the criminal system creates many opportunities for making mistakes, such as thinking that by talking with the investigating authorities without counsel one can “clear it up.” The most common problem I have seen is failing to engage a criminal defense attorney at the earliest stage, usually because no one realized that the problem could “go criminal.”

If anyone has any doubts about the kinds of cases that Cal-OSHA brings to the criminal courtroom, peruse the Cal-OSHA newsletter which we have linked to this website.

In today’s climate, criminal defense lawyers are, as one judge wrote, “necessities not luxuries.”

For you convenience, an intake form as been added to this website so that you can hasten the process of hiring a lawyer.

McAllister & McAllister, Inc., is dedicated to providing our clients with the one-on-one personal attention that is required to handle your case. As Modesto and Santa Rosa’s premier legal defense firm, we specialize in handling complicated criminal defense matters.

McAllister & McAllister, Inc., believes in an aggressive defense of its clients, with heavy reliance on thorough investigation. Vigorously defending clients means that we frequently take cases to jury trial.

McAllister & McAllister, Inc., is known as “The law firm that police officers choose when they are in trouble.”

If you need legal representation in the Stanislaus, Merced County area or anywhere in the Santa Rosa area, call or contact us via email to schedule a free consultation. We look forward to serving you.

Areas we serve include:
Stanislaus County, Merced County, San Joaquin County and Tuolumne County.

Stanislaus County Jury finds Defendant Not Guilty

NOT Guilty of Felony Assault: Juries are still the backbone of our justice system. When his client was charged with felony assault, Kirk McAllister requested a jury trial and convinced the jurors that his client was merely acting in self defense. The result: a not guilty verdict. (People v. Lusk, Superior Court Number 1238131, July 31, 2009)

Not Guilty of Vehicular Manslaughter – Stanislaus County

Kirk McAllister defended the driver charged with vehicular manslaughter after his passenger was killed in a tragic automobile accident. After Mr. McAllister argued that the accident was caused by another vehicle which fled before the police arrived, the jury found his client not guilty. (People v. Nelson, Superior Court Number 1238845, January 8, 2009)

Illegal Marijuana Search in Stanislaus County

MARIJUANA CULTIVATION THROWN OUT AS AN ILLEGAL SEARCH:

When police responding to a domestic violence call made a warrantless “protective sweep” of the house, they discovered marijuana being cultivated. Based on the initial observation they then obtained a search warrant. Kirk McAllister brought a motion to suppress the evidence of cultivation as the result of a violation of the Fourth Amendment.

The trial court judge ruled against him, but on appeal the court held that McAllister’s position was correct and suppressed all the evidence as the result of an illegal search. (People v. Kiryakoz, Superior Court Number 1093389, Appellate Number F054463 filed February 19, 2009, unpublished)

Bail Reduced to ZERO in Merced County

Charged with fifteen felonies, Rudy Buendia was held in custody in lieu of $266,000 bail. As a result of a motion brought by his attorney, Kirk W. McAllister, Mr. Buendia was released on September 17, 2008 on his promise to appear without the necessity of posting bail.

“Mr. McAllister said his first priority was getting Buendia out of jail, now he’ll turn his attention to the reams of reports to read. ‘It’s our job to fight these charges,’ Mr. McAllister said, ‘and vindicate him in court.’”

Felony Charges Dismissed in Toxicology Investigation

Defense Toxicology Investigation Results in Dismissal of All Felony Charges:

A worker claimed that his employer, an international nut grower and distributor, had caused him neurological damage by exposing him to methyl bromide. Kirk McAllister conducted his own toxicological investigation which proved that the man had not been injured by the chemical. The prosecutors were thus forced to dismiss the felony charges before trial. (See Los Angeles Times, January 20, 2007, Rancher Cleared of Poisoning)

Baby Murder Charges Dismissed

Defense Investigation Results in Dismissal of Baby Murder Charges:

In a highly emotional case involving the death of a two year old baby, McAllister’s investigation proved that his client was not the person responsible for the homicide. When presented with this information, the District Attorney dismissed all charges against McAllister’s client two weeks before jury trial. (See Modesto Bee, November 26, 2007)