This was a real estate/elder abuse fraud case where I was accused of making coercive statements to gain a small lot from a couple, over 65 yrs old.
In reality, it was a railroad job by the elder accusers to gain tax auction proceeds, $57,000. It was also, likely, propagated by an over-zealous prosecution due to lack of investigation. The perfect storm.
I needed help, and competent help. I was being railroaded by a master manipulator, a foreclosure expert.
Barry O Bernstein's business is adept at great marketing. I recieved an impressive full color booklet touting his past performance after my arrest and jail release. Did some online research. Called. He was available to speak to me (remarkably, because I don't recall speaking to him about my case outside of court after retained).
After prelim, Mr. Bernstein didn't show in court, sending other counsel with less experience or even other firm associates. Numerous times "no" counsel showed or were late. Ripped off, I asked Art Cortez, case manager, for a refund of my fees and was informed I couldn't get a refund.
It continued frustrating and frightening, as trial neared and had yet to discuss my defense, pertinent facts, a plan with Bernstein or anyone at length. Right before trial they needed an investigator. After paying $30,000 to get through trial, they needed another $7,000 to hire a family friend of Bernstein's, (whose info subsequently wasn't used)... And if I didn't hire someone, a letter stated how would I like them to proceed?
(Months prior I had sent them an exhaustive investigation of my own, telephone records, pics, documents, etc.)
As trial kept postponing, angrily, the Judge issued a court order for Bernstein appearance. He also ordered me to travel every morning to court (4 hr. Commute R/T). Sit there while cases were called or until Bernstein showed. It was bizarre. Each day i sat, as if prosecuted and certainly persecuted without representation.
The nightmare continued into trial. Bernstein ill-prepared, suggested i take a plea bargain due to the savvy witness. I was innocent and declined the offer. Took the stand and was my primary defense... The truth.
The trial was won and now being retried in civil court as the master manipulates the system to its fullest. Records from Bernstein are greatly needed and they recently informed that my file may have been lost.
Enough is enough. The arrest, jailing, and what followed has destroyed my life financially, compromised myself and my family emotionally and physically. There really ought to be a law for this "legal type rip-off".
Not to mention the good taxpayers of San Bernardino who have bankrolled the bill for some 1- 2 yrs. Of court costs, D.A. Costs, jail costs, jury costs, admin. Costs. And now S.B. Taxpayers and myself will pay again in civil courts. This time I have dedicated defense.
How does this happen in America?
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