Mr. Geller has been very active in the San Diego Community working with the community or Mission Beach, the City of San Diego and the San Diego County Bar Association, where he is currently chair of the Member Benefits Committee.
Mr. Geller has had over 50 cases in appellate courts. He has had 3 cases in the United States Supreme Court and recently completed a case on appeal with a hearing granted before the California Supreme Court.
In a recent case, People v. Feliccia, Mr. Geller represented a 16 year old minor defendant targeted by the District Attorney and prosecuted as an adult. The California Court of Appeal, held that the certain provisions of Juvenile Court Law which allows the District Attorney to prosecute juveniles as adults is unconstitutional.
This case was argued before the California Supreme Court in December, 2001. The Supreme Court rendered its decision February 28, 2002, reversing the decision of the Court of Appeal of the State of California. Although the Supreme Court held that the District Attorney can prosecute juveniles as adults, Mr. Geller was able to persuade the Superior Court to sentence his client to probation, much the same as if he were a juvenile.
The firm also recently argued a case before the United States Court of Appeals for the Ninth Circuit, in San Francisco, California. In this case, United States v. Clarke, the Court of Appeals dealt with whether mandatory minimum sentences for narcotics offenders violates the Eighth Amendment protection against cruel and usual punishment, and whether the client should be allowed to withdraw his guilty plea. Mr. Geller argued this case before the Court of Appeals on March 5, 2002; the Ninth Circuit Court of Appeal held there was no violation of the Constitution.
Mr. Geller recently completed two complex narcotics distribution conspiracies prosecuted the United States District Courts, in Helena, Montana, Alexandria, Virginia and San Diego. Our clients received extremely lenient sentences, resulting from the use of sentencing techniques unique to San Diego in the Federal Courts in Virginia and Montana.
In addition to complex cases, Mr. Geller currently represents many individuals charged with simple felonies and various misdemeanors, including driving while under the influence of alcohol, in Superior Court. The firm also handles and administrative hearings in connection with the suspension of driving privileges in connection with these cases.
The firm has been successful in setting aside license suspensions, by the DMV, in over 75% of the hearings before the Department of Motor Vehicles.
Mr. Geller works with various forensic experts, including psychologists, in resolving serious cases with alternatives to serving sentences in custody. In most cases, he has been successful in achieving dispositions without incarceration.
During the past five years, Mr. Geller has developed a specialized practice representing young persons, between the ages of 16 and 35, accused of various crimes. The office specializes in achieving rehabilitative and deterrent dispositions and resolutions, as opposed to punitive sanctions, for these clients. In many cases these dispositions take the form of deferred entry of judgments, or diversion programs.
