Cases and Specialty Areas
In his 40+ years of criminal law litigation, Mr. Vogelstein has handled approximately 10,000 cases in all criminal areas, including DUI, drug charges (both major and minor), fraud, embezzlement, identity theft, domestic violence, sex crimes, burglary, robbery, vehicular homicide, attempted murder, child abuse, and weapons charges.
Mr. Vogelstein represents the working men and women of the Bay Area, as well as CEOs of Fortune 500 companies, professional athletes, actors, musicians, doctors, lawyers, police officers, students, and the unemployed, homeless, and disenfranchised.
Examples of Cases and Results
In the last few years, Mr. Vogelstein has handled several attempted murder cases. None of his clients were convicted of attempted murder. In two cases the client pled guilty to far lesser charges and did not go to prison. In a third case all charges were dismissed and the client walked out of court a free man.
Recently, Mr. Vogelstein represented a 50 year old mentally disabled man accused of possession of child pornography, an offense that requires registration as a sex offender and possible prison. Mr. Vogelstein hired a neuro-psychologist and through extensive work was able to get the District Attorney to drop that charge. His client pled guilty to a lesser charge, got into a special needs program, and he did not have to register as a sex offender or serve any time in jail or prison.
In 1991, Mr. Vogelstein represented a defendant charged with possession for sale of the largest quantity of methamphetamine “ice” ever found in Marin at that time. The case was so serious that bail was set for his client at close to half a million dollars. The case was investigated by the Marin County Major Crimes Task Force and federal law enforcement. Mr. Vogelstein won a dismissal of all charges.
In 2014, one of Mr. Vogelstein's clients was charged with DUI and child endangerment after being pulled over at a sobriety checkpoint with his daughter. Mr. Vogelstein got all charges dismissed, after arguing that the sobriety checkpoint was unconstitutional.
Approximately 15 years ago, Mr. Vogelstein represented a client in one of the largest welfare fraud cases in Northern California at the time, a crime that carries a sentence of many years in prison. Mr. Vogelstein hired a forensic psychologist and argued that the client suffered from post-traumatic stress disorder due to being a political prisoner in Iran. Mr. Vogelstein's client was ordered to pay restitution but served no time in jail or prison.
Mr. Vogelstein recently represented a woman who was found to have 50 pounds of marijuana in her home. Mr. Vogelstein discovered that law enforcement hid an informant in the case. All charges were dismissed.
Mr. Vogelstein represented a man who was charged with felony assault with a deadly weapon after attacking his partner of over 30 years with an ax. After receiving the appropriate mental health care, Mr. Vogelstein’s client received no prison and no significant jail time.
Mental Health and the Criminal Justice System
David has developed expertise in the representation of people with mental health issues, both mild and severe, including schizophrenia, bipolar disorder, borderline personality disorder, depression, as well as post-traumatic stress disorder and other combat and trauma related disorders.
Mr. Vogelstein has been extraordinarily effective at bringing to the courts, law enforcement, and prosecuting attorneys a new understanding of how these disorders affect individuals, how they impact the elements of crimes, and how such crimes should be treated. Because of ignorance, prejudice, and fear of future misconduct, those with mental disorders are often treated poorly within the criminal justice system. Mr. Vogelstein makes sure that does not happen to his clients.
Because of his expertise in this area of criminal justice and his experience with the best treatment providers available, Mr. Vogelstein is also well equipped to offer help to his clients so they become more functional and happier, and also as a piece of mitigation in the client’s case. As a result, not only has Mr. Vogelstein been able to win many cases for clients with mental illness in which the client was facing a prison sentence, he has helped his clients and their loved ones embark on a healthier and happier path in life.
Expertise in Intellectual Disability
Mr. Vogelstein also has expertise representing people with intellectual disabilities, ranging from learning disabilities to more serious cognitive impairment. The representation of people with such disabilities is difficult for many reasons, notably because clients sometimes have a hard time with communication, sometimes because the legal system is not set up to care. Mr. Vogelstein makes sure that he understands his clients wishes, that his client’s voice is heard, and that it is heard in a way that propels victory in the case.
Youth Crimes
Mr. Vogelstein's volunteer work with the youth of Marin has naturally led him to develop an expertise in representing those youth who get into trouble with the law. Mr. Vogelstein knows how to communicate with his young clients, through honesty and respect, and ultimately how to get them to open up to him and accept healthier life-paths. Kids are stubborn, and Mr. Vogelstein knows how to deal with that stubbornness. Mr. Vogelstein's young clients in turn like him, listen to him, and most of the time do what he tells them is right, both for the case as well as for themselves personally.