san diego criminal defense attorney

Cases and results

MURDER – DISMISSED AT PRELIMINARY HEARING

Mr. Millioen’s client was charged with murder and faced life in prison for his role in a fist fight that resulted in a death. At the preliminary hearing, Mr. Millioen established that his client acted in self-defense and all of the decedent’s injuries – including a fatal brain bleed – could have been caused by an earlier fight in which Mr. Millioen’s client was not involved. The judge dismissed the murder charge, even under the low standard of proof at a preliminary hearing. After the prosecution refiled the murder charge, Mr. Millioen secured a plea bargain for a dismissal of the murder charge with a plea to involuntary manslaughter with 4 years in prison.

VEHICULAR MANSLAUGHTER – CLIENT ACQUITTED

Mr. Millioen’s client, a truck driver, was charged with vehicular manslaughter. The prosecution alleged that the defendant was speeding, which caused his truck to crash, killing his friend and coworker, who was sitting in the passenger seat. Mr. Millioen presented expert testimony establishing that speed of the vehicle did not cause the accident. It was determined that the accident was instead caused by the truck’s low tire pressure, which was found to be the fault of Mr. Millioen’s client’s employer for failing to properly maintain the vehicle. The jury found Mr Millioen’s client not guilty.

CRIMINAL THREATS WITH A KNIFE – CLIENT ACQUITTED

Mr. Millioen’s client was charged with felony “strikes” for threatening to kill his mother and sister with a knife. During the trial, Mr. Millioen unraveled the complicated family dynamic, revealing that the accusations were falsely made with the intent to get his client arrested. The jury found Mr. Millioen’s client not guilty of all felonies, and only convicted on a misdemeanor for vandalism.

PIMPING AND PANDERING – CLIENT ACQUITTED

Mr. Millioen’s client, a 24 year-old man, was charged with pimping and pandering, and faced mandatory state prison. Mr. Millioen showed the jury that law enforcement ignored crucial evidence identifying the actual pimp, who was not Mr. Millioen’s client. The jury found Mr. Millioen’s client not guilty of all charges.

FELONY ASSAULT & CRIMINAL THREATS – CLIENT ACQUITTED

Mr. Millioen’s client was accused of brutally attacking a neighbor and threatening her life in front of other witnesses. Mr. Millioen’s cross examinations uncovered the witness’ bias and embellishments. He also presented video footage that law enforcement failed to collect, which served to prove his client’s innocence. Mr. Millioen showed that his client never uttered a threat and was attacked by an angry mob. The jury found not guilty on all felonies, convicting his client of only 2 misdemeanors.

FELONY RESISTING ARREST – CLIENT ACQUITTED

Mr. Millioen’s client was accused of hitting a police officer in the face and chipping the officer’s teeth. Close examination of the officer’s body-worn-camera footage disproved the officer’s account of the event. The jury found Mr. Millioen’s client not guilty of felony resisting arrest with force, convicting her only of misdemeanors.

FELONY VANDALISM – HUNG JURY; CASE DISMISSED

Mr. Millioen’s client was accused of felony vandalism for causing approximately $5,000 of damage to his ex-girlfriend’s car. He had a prior stalking conviction on his record, which the jury heard about during the course of the trial. Nonetheless, Mr. Millioen’s cross examination of the witness revealed that she could not be trusted. The jury hung in a 6-6 vote and the prosecution dismissed the case.

INDECENT EXPOSURE – CLIENT ACQUITTED

Mr. Millioen’s client was accused of committing a sexually lewd act in public and faced lifetime registration as a sex offender. Mr. Millioen presented a mental health defense to show the jury that his client did not have the specific intent required for the crime. The jury found his client not guilty of the sex crimes, avoiding lifetime sex offender registration.

PREMEDITATED ATTEMPTED MURDER – DISMISSED

Mr. Millioen’s client was charged with premeditated attempted murder and arson for lighting his sister’s house on fire while she was asleep inside. He was facing life in prison. Mr. Millioen successfully moved to have the charge of premeditated attempted murder dismissed, which removed his client’s prospect of facing life in prison.

DRIVING UNDER THE INFLUENCE – CLIENT ACQUITTED

Mr. Millioen’s client was charged with DUI after getting kicked out of a local casino and instructed not to drive home by security. He was arrested before exiting the parking lot in his car. Mr. Millioen convinced the jury that there was insufficient evidence that his client was impaired by alcohol. The jury found his client not guilty of DUI.

ASSAULT WITH FORCE LIKELY TO PRODUCE GREAT BODILY INJURY – CLIENT ACQUITTED

Mr. Millioen’s client was charged with assault for his involvement in a bar fight that left another man with stitches. Mr. Millioen proved that his client acted in lawful self-defense and the jury found his client not guilty.

FELONY WEAPON POSSESSION – CLIENT ACQUITTED

Mr. Millioen’s client was charged with a felony for possessing a concealed knife. Mr. Millioen played the arresting officer’s body worn camera footage for the jury, which showed that the knife was not concealed. The client was acquitted of the felony charge, and was only convicted of a misdemeanor.

CHILD MOLEST – PROBATION, NO JAIL, NO SEX OFFENDER REGISTRATION

Mr. Millioen’s client was charged with molesting two girls. A first attorney took the case to trial, and the jury convicted on two sex offenses but could not reach a unanimous verdict on the remaining charges. Mr. Millioen then took over the case. He got the two convictions dismissed, and then negotiated for a plea bargain for probation, no additional jail time, and no sex offender registration.

ATTEMPTED MURDER WITH A GUN – PROBATION

Mr. Millioen’s client, who had a prior strike on his record, was charged with attempted murder for shooting another man in the leg. He was facing life in prison. One week before trial, Mr. Millioen secured a plea bargain for assault with a firearm with probation after serving 6 months in county jail. His client did not have to go to state prison for the offense.