Blog Jay Leiderman Law

Category Archives: conspiracy

“I’ve turned into — my name I’m going to change to is Josh James Hoey.  I’m not Mr. Mir Islam anymore, that has ended a long time ago.” Mir Islam, 11 July 2016, to a federal Judge.  This then, I must guess, is the would-be tale of what Mr. Hoey did with the freedom he […]

COUNT 3 MUST BE DISMISSED BECAUSE THE EVIDENCE SHOWS ONLY A MEXICAN MAFIA SOLICITATION UNDER PENAL CODE § 653f(d), NOT A CONSPIRACY. Penal Code § 653f(d) states, in relevant part: Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 11352, 11379, 11379.5, 11379.6, or 11391 of […]

COUNT 17 MUST BE DISMISSED FOR LACK OF EVIDENCE OF THE MEXICAN MAFIA’S SPECIFIC INTENT TO COMMIT AN ASSAULT WITH A FIREARM. Count 17, if not dismissed for want of overt action, should be dismissed on the alternative basis that the prosecutor failed to present evidence on the element of specific intent.  Count 17 alleges […]

MULTIPLE MEXICAN MAFIA CONSPIRACY COUNTS SHOULD BE DISMISSED FOR LACK OF EVIDENCE OF ANY OVERT ACTS BEYOND MERE PLANNING OR AGREEMENT. In California, the crime of conspiracy has four elements: “(1) an agreement between two or more people, (2) who have the specific intent to agree or conspire to commit an offense, (3) the specific […]

THE EVIDENCE PRESENTED TO THE GRAND JURY SUPPORTS PROBABLE CAUSE FOR ONLY A SINGLE CONSPIRACY TO BENEFIT THE MEXICAN MAFIA; ALL SUBORDINATE CONSPIRACY CHARGES SHOULD BE DISMISSED “The conspiracy is the crime, and that is one, however diverse its objects.”  (Frohwerk v. United States (1919) 249 U.S. 204, 210 [Holmes, J.].)  The prosecutor went to great […]