• DUI Conviction Dismissed

    Practice Area: DUI and DWI

    Date: Jan 04, 2018

    Outcome: Dismissed

    Description: Client suffered a DUI conviction in 2013. Petition to dismiss pursuant PC 1203.4 was granted. Client can now truthfully say that he has never suffered a criminal conviction.

  • US Navy – Resisting Arrest

    Practice Area: Military law

    Date: Jan 11, 2018

    Outcome: Dismissed

    Description: Client was arrested for felony resisting arrest. We supplied a mitigation packet to the DA before the first court date and Client was arraigned on three misdemeanor counts of delaying the police. We then subpoenaed video from nearby businesses, reviewed body camera video, obtained witness statement, and obtained cell phone video that proved Client had suffered a concussion from being struck prior to his interaction with the police. Ultimately we approached the arresting officer and asked him to back dismissal so that Client could remain on active duty in the Navy. The officer agreed and the case was dismissed. Client’s chain of command was kept informed and the impact to his career was minimized.

  • Potential Third Strike 25-To-Life Felony

    Practice Area: Criminal defense

    Date: Jan 11, 2018

    Outcome: Forty-Five Days House Arrest

    Description: Client had two prior “strike” felonies. Client was arrested for felony violently resisting arrest. Client was alleged to have made serious threats against police officers and their families during the course of his arrest – a potential third strike that could have carried a sentence of 25 years to life. The case was resolved for a misdemeanor and 45 days house-arrest.

  • Driving w/ Suspended License

    Practice Area: Criminal defense

    Date: Jan 11, 2018

    Outcome: Dismissed

    Description: Client was arrested in 2010 for driving with a suspended license. Client was pulled over in 2017 and informed of his active warrant in SLO County. The matter was placed on calendar, the warrant was recalled, the misdemeanor was dismissed. Client paid a $100 fine.

  • DMV License Suspension Hearing

    Practice Area: DUI and DWI

    Date: Jan 26, 2018

    Outcome: Client Prevails

    Description: Client had avoided criminal charges stemming from a DUI arrest but was facing license suspension from the DMV for driving with a BAC above .08 percent. Defense Counsel hired and expert witness for the hearing who testified that all objectives signs in the police report pointed to Client being below a .08 percent BAC. The DMV Hearing Officer agreed and Client’s license was not suspended

  • Deer Poaching

    Practice Area: Criminal defense

    Date: Jan 30, 2018

    Outcome: Dismissed

    Description: Client was a US Marine who was home on leave shortly after completing boot camp. Client was charged with seven misdemeanors based on a citation by a Fish and Wildlife warden. The charges included Unlawful Taking, Trespass, No Hunting License in Possession, Unlawful Waste of Game, No Deer Tag, No Upland Bird License, and Use of Lead Ammunition Within California Condor Range. An agreement was reached with the DA in which Client would obtain his deer license and the case would be dismissed. Client procured a deer license. The case was dismissed. A court order was signed for the release of the firearms booked into evidence.

  • DUI – Criminal Charges Dismissed

    Practice Area: DUI and DWI

    Date: Feb 21, 2018

    Outcome: Reduced to Speeding Ticket

    Description: Client was charged with driving under the influence based on a .09% BAC blood sample. The blood sample was re-tested by a private laboratory and the result was a .07% BAC. The criminal DUI charges were dismissed and client plead to a simple traffic ticket of speeding and unsafe change of lanes. The court did not suspend Client’s license and she did not incur a criminal conviction.

  • Battery – Dismissed

    Practice Area: Criminal defense

    Date: Feb 21, 2018

    Outcome: Dismissed

    Description: Client was charged with battery in 2011. The case had been in a warrant status for seven years. The case was put on calendar with a motion to dismiss for a violation of Client’s right to a speedy trial despite the fact that he had allegedly failed to appear at his court date. Client’s warrant was recalled and his case was dismissed.

  • DUI – Case Rejected

    Practice Area: DUI and DWI

    Date: Feb 28, 2018

    Outcome: Not Prosecuted – No License Suspension

    Description: Client was arrested for driving with a BAC of .07 percent. She was charged with driving under the influence of alcohol but she was not charged with driving with a BAC greater than .08 percent. This relatively unusual DUI scenario seems to have been brought about by a mutual personality clash with law enforcement more than any actual impairment. Ultimately, the DA declined to prosecute and the DMV did not suspend her license.

  • Possession of marijuana and paraphernalia

    Practice Area: Criminal defense

    Date: Mar 21, 2018

    Outcome: Dismissed

    Description: In 2014, Client was charged with possession of marijuana and possession of a meth pipe. Client failed to appear at his first arraignment and the case had been in a warrant status for four years. Defense Counsel had the warrant recalled. Defense Counsel argued that possession of marijuana had subsequently been decriminalized and that Client’s rights to a speedy trial had been violated with respect to the paraphernalia charge. The judge agreed and the case was dismissed.

  • Public Intoxication & Possession of Hydrocodone

    Practice Area: Criminal defense

    Date: Mar 22, 2018

    Outcome: Dismissed

    Description: Client was charged with public intoxication and possession of Hydrocodone. The case had been in a warrant status for more than a year. Defense Counsel was able to recall the warrant convince the DA to offer her the most preferable form of diversion instead of the previous offer of supervised probation. Client paid a $350 class fee and completed a one day online class. The case was dismissed and the arrest was sealed.

  • Trespassing – Dismissed

    Practice Area: Criminal defense

    Date: Apr 30, 2018

    Outcome: Case Dismissed

    Description: Client was charged with three counts of trespassing in her own home. Client’s home was red-tagged by the building inspector for fire hazards with leave only to be entered during daylight hours for the purpose of remediation. Client was alleged to have been found in her home on three separate occasions at night. We assisted Client with getting the red tag removed from her home by coordinating with the building inspector for a new inspection. We then utilized that regulatory compliance to garner three dismissals in the Superior Court in a collaborative effort with the judge and deputy district attorney who sympathized with the difficult position Client was in.

  • Cocaine Possession & Obstructing Police

    Practice Area: Criminal defense

    Date: May 02, 2018

    Outcome: Drug charge dismissed – 5 days of house arrest, $250 fine

    Description: Client was contacted by police after a store owner accused him of shoplifting. Client was alleged to have physically attempted to leave the scene, refused to comply with police orders, and used force to prevent his detention. Client was also alleged to have been in possession of cocaine when he was searched incident to arrest. Client needed to avoid a drug conviction for immigration purposes. The cocaine possession charge was dismissed as part of a negotiated disposition. Client pleaded no contest to a misdemeanor count of delaying the police. He received five days house arrest, one year of informal probation, and a $250 fine.

  • Violating a Protective Order – Dismissed

    Practice Area: Criminal defense

    Date: May 02, 2018

    Outcome: Dismissed

    Description: Client was charged with violating the status of a criminal protective order between himself and his children. That CPO was subject to modification in juvenile dependency court. The CPO was indeed modified to unsupervised visitation but this change was not reflect in the databases relied upon by the police when Client was arrested. Ultimately, the case was dismissed (on other grounds).

  • Domestic Violence – Charges Not Filed

    Practice Area: Education

    Date: May 07, 2018

    Outcome: No criminal filing / No Cal Poly punishment

    Description: Client was charged with injuring his boyfriend during a brief disagreement at Client’s campus housing on Cal Poly. We obtained a statement from the complaining witness stating the he did not want prosecution and that he had been trying to slip past the front door which Client was lawfully closing to prevent CW from entering. We provided the statement along with information showing Client in a positive light to the DA in a mitigation packet. The DA rejected the criminal filing. Cal Poly did not take any administrative action at the disciplinary hearing.

  • Sexual Battery – Dismissed

    Practice Area: Sex crime

    Date: May 08, 2018

    Outcome: Dismissed

    Description: Client was charged with sexual battery. The Complaining Witness alleged that Client touched her inappropriately and tried to rape her during a brief interaction in a public parking lot around 11AM and she escaped by running away. We obtained nearby surveillance video of the incident that showed Client to be completely innocent. The video depicted an unremarkable conversation in front of many nearby bystanders that ended with Client calmly walking away. We obtained copies of multiple restraining orders that had been filed against the Complaining Witness in Monterey County for her erratic behavior. We obtained many disturbing posts from Complaining Witness’s social media. The DA mistakenly tried to attribute a 25-page FBI rap sheet to Client which contained multiple cocaine trafficking convictions in Miami circa 1985. We informed the DA that the rap sheet was not Client because Client had zero criminal record. The case was set for trial with no time waiver and ultimately the DA was forced to dismiss for lack of evidence.

  • Heroin Possession – No Jail / No Fines

    Practice Area: Criminal defense

    Date: May 21, 2018

    Outcome: No Jail / No Fines / No Prop 36

    Description: Client was charged with possession of heroin. The reasons listed in the police report for the initial traffic stop were no third brake light, obstructed license plate and swerving. Client’s vehicle was a model that did not have a factory equipped third brake light. The obstruction was from a stock trailer ball hitch. And there was an extremely long delay in obtaining the police video due to clerical oversight. These shortcomings were leveraged into a very favorable disposition in which client received one year of informal bench probation with zero jail, zero fines, no search and seizure terms, no class obligations and no chemical testing.

  • Battery – Dismissed

    Practice Area: Criminal defense

    Date: May 30, 2018

    Outcome: Dismissed

    Description: Client was charged with battery against a security guard. Client maintained her factual innocence and provided a video that demonstrated the unreasonable use of force by several members of the event staff. The case was dismissed.

  • Drunk in Public – Dismissed

    Practice Area: Criminal defense

    Date: Jun 06, 2018

    Outcome: Dismissed

    Description: Client was charged with public intoxication stemming from a 2013 arrest. Client needed his warrant recalled as soon as possible for employment purposes but could not travel back to California. The case was calendared, the warrant was recalled, and a motion to dismiss was filed. The DA was unable to locate the arresting officer who had since left the police department. The case was dismissed and Client was victorious.

  • Driving with Suspended License – Dismissed

    Practice Area: Criminal defense

    Date: Jun 26, 2018

    Outcome: Criminal Charges Dismissed

    Description: Client was charged with knowingly driving while his California driver’s license was suspended. We kept the case open for four months to give Client time to acquire a driver’s license. We then leveraged the likely impossibility of the court locating two Mixteco interpreters within 45 days if the matter was set for trial without a speedy trial waiver. The criminal charges were dismissed. Client plead to a non-criminal ticket with a $300 fine. This outcome prevented an adverse situation with Immigration and Customs Enforcement.

  • Felony DUI and Vandalism – Reduced and Dismissed

    Practice Area: DUI and DWI

    Date: Jun 28, 2018

    Outcome: Dismissal

    Description: In 2007, client was convicted of felony DUI with injury and felony vandalism. The cases were put back on calendar in 2018 with a motion to reduce the felonies to misdemeanors pursuant to Penal Code section 17(b). Those motions were granted. The cases were then dismissed pursuant to a Penal Code section 1203.4 motion.

  • Juvenile DUI – Dismissed

    Practice Area: Juvenile law

    Date: Jul 18, 2018

    Outcome: Dismissed

    Description: Minor Client was charged with driving under the influence of alcohol and marijuana. The case against Minor Client was dismissed pursuant to completion of diversion without an admission of guilt. The court record and the arrest were ordered sealed.

  • Felony Resisting Arrest and Criminal Threats – Misdemeanor w/ No Jail

    Practice Area: Criminal defense

    Date: Aug 06, 2018

    Outcome: No Jail / $250 fine

    Description: Client was arrested for felony resisting arrest and misdemeanor public intoxication. Client was alleged to have threatened to murder the family of a peace officer while intoxicated. The officer involved generously offered to support a reduction to a misdemeanor in light of Client’s young age and clean record. Client gave a formal written apology to the peace officer and attended certain counseling sessions. The case resolved for a single misdemeanor charge of resisting arrest, 0 days county jail, 2 years of informal probation, and a $250 fine. The ultimate resolution was a result of collaboration between the police, the prosecution, and defense counsel. A just result was achieved that demonstrated respect for law enforcement while still focusing on Client’s rehabilitation and future employability.

  • Diversion Violation – Dismissed

    Practice Area: Criminal defense

    Date: Aug 21, 2018

    Outcome: Not Found in Violation

    Description: Client was alleged to have failed to enroll into PC 1000 drug diversion. Proof was shown that Client had indeed enrolled in a diversion program in a different county. The allegation was withdrawn and the hearing was vacated. Client will have his drug possession dismissed and sealed upon completion of diversion.

  • Third DUI, 0.33 blood alcohol – 90 days house arrest.

    Practice Area: Criminal defense

    Date: Aug 30, 2018

    Outcome: 90 days house arrest, 3 years of informal probation

    Description: Client was charged with drunk driving as a third offense within the past 10 years. The alleged blood alcohol content was 0.33, which is more than 4 times the legal limit of 0.08. The case resolved for no time in jail, 90 days on house arrest, alcohol treatment classes and 3 years of informal probation.

  • Possession of a Switchblade – Dismissed Retroactively

    Practice Area: Criminal defense

    Date: Aug 31, 2018

    Outcome: Dismissed Retroactively

    Description: Client suffered a conviction for possessing a switchblade knife in 2009. We petitioned the court for a retroactive dismissal and that petition was granted pursuant to Section 1203.4 of the Penal Code.

  • Domestic Battery – Case Rejected

    Practice Area: Domestic violence

    Date: Oct 01, 2018

    Outcome: Case Rejected – No Prosecution

    Description: Client was arrested for domestic battery in which no injuries resulted. We presented a mitigation packet to the District Attorney’s Office reiterating that the spouse did not want prosecution and instead preferred to address the matter through couples therapy. Also included in the packet was proof of completion of an anger management course. The DA rejected the case against Client, no charges were filed, and Client’s first court date was vacated.

  • Minor in Possession of Alcohol – Not Guilty

    Practice Area: Criminal defense

    Date: Oct 02, 2018

    Outcome: Not Guilty

    Description: Client was alleged to have been confronted by California Polytechnic University Police at a graduation ceremony while in possession of a bottle of champagne. Business and Professions Code 25662(a) creates a complete defense to such a charge when a minor is transporting the alcohol at the reasonable request of a parent. Client’s father testified that he had asked Client to retrieve the forgotten bottle of champagne from the car for him. Client was found not guilty and avoided the one-year ban on driving.

  • DUI – Case Dismissed and Arrest Sealed

    Practice Area: DUI and DWI

    Date: Oct 09, 2018

    Outcome: Case Dismissed. Arrest Sealed. Bail Exonerated.

    Description: Client was arrested for DUI in 1988 while an active duty military service member stationed in California. Client’s breath results were below .10 BAC, the legal limit at the time, but a criminal case was filed nonetheless. Client never appeared at the first arraignment. Client became aware of the warrant 30 years after the arrest – after he had joined the police force and risen to the level of chief of police of a midwestern city. We were able to calendar the case, recall the warrant, get the case dismissed, seal the arrest, and have his bail exonerated.

  • Hit and Run – Dismissed

    Practice Area: DUI and DWI

    Date: Oct 15, 2018

    Outcome: Dismissal

    Description: Client was charged with hit and run in violation of Vehicle Code Section 20001. An agreement was reached in which the case would be dismissed if Client paid restitution and remained in good standing with a Department of Veterans Affairs treatment program in another county for six months. Client kept his end of the bargain and the case against him was dismissed.

  • 1x Felony Assault on a Peace Officer, 2x Felony Resisting Arrest

    Practice Area: Criminal defense

    Date: Oct 19, 2018

    Outcome: Reduced to a Misdemeanor, No Jail, 40 hrs Community Service, Informal Probation

    Description: Client was facing a maximum of 11 years in prison for assault on a police officer by means likely to produce great bodily injury and resisting arrest. During the hearing it became evident from body camera videos that Client had acted in defense of someone she believed was being subjected to excessive force. Rather than litigate the reasonableness of Client’s belief, a settlement was reached midway through the preliminary hearing. All three felony charges against Client were dismissed and she was given credit for time served of one day in jail with a requirement that she perform 40 hours of community service and pay a $500 fine.

  • Prior Possession of Heroin for Sales Enhancement – Dismissed

    Practice Area: Criminal defense

    Date: Oct 30, 2018

    Outcome: Enhancement Dismissed

    Description: Client had a 2014 conviction for possessing heroin for sales with a three year prison enhancement for a prior sales convictions. We were retained to seek a modification. In 2018, California eliminated the enhancement enhancement for a prior sales conviction under HS 11370.2 Because Client’s case had been in a warrant status for four years, his case was considered “not yet final on appeal” and the change to the law was applied retroactively to his conviction.

  • DUI – Dismissed at Jury Selection

    Practice Area: DUI and DWI

    Date: Nov 01, 2018

    Outcome: Dismissed

    Description: Client was charged with driving under the influence of alcohol. The BAC was alleged to have been a .19 percent. After reviewing all available video and having it transcribed, it became apparent that the allegation against client was that he was revving his engine and doing “burnouts” while intoxicated. We presented evidence to the prosecution that an all-wheel-drive vehicle is incapable of doing burnouts. Case law in California supports the proposition that a DUI cannot occur unless the vehicle moves some distance, however short. Unlike most states, revving one’s engine while intoxicated is not considered a DUI in California. The case was set for trial and dismissed on the eve of jury selection.

  • Terrorist Threats – Criminal Case Rejected

    Practice Area: Criminal defense

    Date: Nov 13, 2018

    Outcome: No Criminal Charges Filed

    Description: Client was arrested and charged with making terrorist threats as a felony in violation of Penal Code Section 422. Client posted bail and was released from jail. A mitigation packet was brought to the District Attorney’s Office with a statement from the alleged victim stating that he was not placed in a state of fear by the alleged threats, which was one of the required elements of the crime. Also in the packet were items highlighting Client’s good character, achievements and lack of criminal records. The DA decided to reject the police report and not file charges. The first court date was vacated.

  • Illegal Possession of a Hedgehog – Dismissed

    Practice Area: Animal law

    Date: Nov 13, 2018

    Outcome: Dismissed

    Description: Client was charged with possession of a restricted animal in violation and unlawful possession of a wild animal in violation of FG 2118, both punishable by 180 days in the county jail. An agreement was reached in which client would perform 40 hours of community service and pay $500 into a fish and wildlife fund in exchange for the case being dismissed. Because client never admitted guilt, she was eligible to have the record sealed as a matter of right.

  • False Police Report, Hit and Run – 2x Dismissal, No jail, $250 fine, Reduced Charge

    Practice Area: DUI and DWI

    Date: Nov 27, 2018

    Outcome: Original Charges Dismissed; Reduced Charge; No jail

    Description: Client was alleged to have left a bar at 1 A.M. per surveillance video, crashed his car into a fence, left the scene of the accident, called the police to report his car stolen, and then traveled to the police station to report his car stolen. We were able to reach a civil compromise with the fence owner for $400 which allowed the hit and run to be dismissed. We negotiated the charge of filing a police report down to a charge of delaying the police which is not a crime of moral turpitude and can be expunged in 18 months. This was based largely on client’s lack of criminal history and young age.

  • Auto theft, possession of heroin & hypodermics – Case Dismissed

    Practice Area: Criminal defense

    Date: Dec 04, 2018

    Outcome: Case Dismissed

    Description: Client was charged with auto theft, possession of heroin and illegal possession of hypodermic needles. The case had been in a warrant status for 27 years. Because Client had been present in court for the first arraignment date and then subsequently failed to appear, it was unclear if he could assert a violation of his right to a speedy trial. Rather than risk an adverse outcome, an agreement was reached with the prosecutor in which Client would pay $500 to the Red Cross fund for victims of the California wildfires and in exchange the case against him would be dismissed. Client has been sober for 25 years and has gone on to become a small business owner and a father – even hosting recovery classes in a prison near his home as a volunteer.

  • DMV admin hearing – Win – No Suspension

    Practice Area: DUI and DWI

    Date: Dec 10, 2018

    Outcome: Win – License not suspended

    Description: Client was alleged to have driven with a BAC of .090 percent based on the blood test performed by law enforcement. The blood was re-tested by a private laboratory with a .074 result. Because the DMV has in the past taken the position of averaging blood samples, we had the blood re-re-tested to give us a third result of .075. Instead of averaging two samples for a mean average of .082 percent, the DMV had to average three samples for a mean average of .079 percent. Client won and her license was not suspended.

  • DMV Hearing – Win – no suspension

    Practice Area: DUI and DWI

    Date: Dec 10, 2018

    Outcome: License Not Suspended

    Description: An expert witness was utilized for testimony to show that although Client had given a breath sample above a .08 percent, her blood alcohol level had risen after she had been pulled over. (Typically a person reaches highest BAC approximately one hour after their last drink.) Client was found not to have driven with a BAC above a .08 percent. The suspension of her driver’s license was not imposed.

  • Warrant

    Practice Area: Immigration

    Date: Dec 15, 2015

    Outcome: No state or federal prosecution

    Description: Client was alleged to have entered the USA from Mexico with two pounds of liquid methamphetamine in factory-sealed tequila bottles. Client was arrested and posted bail. Client was not charged by California or Federal prosecutors, client’s cellphones were returned, client kept his green card.

  • Registered Nurse – Public Intoxication

    Practice Area: Licensing

    Date: Dec 06, 2017

    Outcome: Case Dismissed

    Description: Client was charged with being drunk in public at a concert in violation of Penal Code Section 647(f). Because any alcohol related conviction requires self-reporting to the California Board of Registered Nurses, only a pre-plea dismissal would avoid the reporting requirement and potential disciplinary action. At the first court date, an agreement was reached in which Client would attend 30 AA meetings, return with written proof, and the case would be dismissed. Client fulfilled her obligation, her case was dismissed, and the Board was precluded from taking adverse action.

  • Possession of Heroin and Paraphernalia

    Practice Area: Criminal defense

    Date: Dec 05, 2017

    Outcome: Case Dismissed and Arrest Sealed

    Description: Client was charged with possessing heroin, a smoking device, and hypodermic needles arising from a traffic stop. Client had no previous criminal record. At the first arraignment, the DA was convinced to offer Client the highly desirable Misdemeanor Diversion Program that is almost never offered once a criminal case is filed. Client paid $350 and attended a six-hour class. The case was dismissed and the arrest was sealed.

  • Felony Domestic Violence

    Practice Area: Domestic violence

    Date: Dec 01, 2017

    Outcome: Criminal Case Rejected Before First Court Date

    Description: Client was charged with feloniously inflicting an injury on her husband. Husband gave a statement to a private investigator clarifying his earlier statement to police and stating that he had in fact injured himself by falling while dressing. The case was rejected by the District Attorney for insufficient evidence.

  • Passing Counterfeit US Currency

    Practice Area: Criminal defense

    Date: Nov 28, 2017

    Outcome: Case Dismissed

    Description: A Client was charged with passing counterfeit US currency. The case was set for trial without a time waiver. A key witness became unavailable on the eve of trial. The case against my Client was dismissed without leave to re-file.

  • Possession of Drug Paraphernalia

    Practice Area: Criminal defense

    Date: Nov 09, 2017

    Outcome: Dismissed

    Description: Client was charged with possession of drug paraphernalia. The DA had overlooked a stipulation in an older case that no charges would be brought arising from a September 2016 arrest. The case was dismissed.

  • Possession of Norco

    Practice Area: Criminal defense

    Date: Nov 09, 2017

    Outcome: Dismissed

    Description: Client was charged with the unauthorized possession of hydrocodone. The case was mistakenly filed after the arresting agency had been informed by the DA that the case was rejected absent additional investigation. This error was discovered during negotiations on a companion case that was also dismissed.

  • Resist Police / Possession of Hallucinogenic Mushrooms

    Practice Area: Criminal defense

    Date: Nov 07, 2017

    Outcome: Diversion Granted

    Description: Client was charged with resisting the police and illegally possessing psilocybin (shrooms). The DA’s original offer was 15 days jail and 18 months of probation. Ultimately the charge of resisting the police was dismissed and client was given PC 1000 diversion.

  • DUI

    Practice Area: DUI and DWI

    Date: Oct 25, 2017

    Outcome: Criminal charges dismissed – $100 fine instead

    Description: Client was charged with driving under the influence of alcohol. The evidentiary breath test was .086% and .085%. Criminal charges were dismissed due to a defect in the police report combined with a theory of rising blood alcohol. The case was reduced to an infraction. Client paid a $100 fine under VC 23136 and her DUI charges were dismissed without having to go to trial.

  • Drug Possession and Petty Theft

    Practice Area: Guardianship

    Date: Dec 12, 2017

    Outcome: Warrant Cleared

    Description: Client was unable to finalize a guardianship because his LiveScan returned a ten-year-old warrant for shoplifting in SLO County. After consulting with the court and the DA’s office, it was determined that there was no warrant and that a case was never filed. Client was given a “No Record Letter” from the Superior Court stating that he never had a criminal matter in SLO County.

  • Drug Paraphernalia

    Practice Area: Criminal defense

    Date: Sep 20, 2017

    Outcome: Dismissed

    Description: Client was not offered Misdemeanor Diversion Program due to a change of address. After three months of negotiations, the DA offered Client a highly desirable diversion program. Ultimately, Client paid $350 for a one day class and the case was dismissed after her successful attendance.

  • Drunk in Public

    Practice Area: Criminal defense

    Date: Sep 18, 2017

    Outcome: Dismissed

    Description: Client was charged with being drunk in public at a tavern. The case was dismissed for lack of evidence after several months of negotiation.

  • Domestic Violence

    Practice Area: Criminal defense

    Date: Sep 18, 2017

    Outcome: Dismissed

    Description: Client was charged with spousal battery. There were also allegations of subsequent violations of a no-contact protective order. The case was dismissed after a suitable elder care placement was found.

  • Certificate of Rehabilitation

    Practice Area: Criminal defense

    Date: Sep 14, 2017

    Outcome: Granted

    Description: Client was granted a certificate of rehabilitation for a 2004 felony conviction – possession of a controlled substance for sales. The certificate was then transmitted to the Governor’s office as an application for a pardon.

  • Domestic Violence – Case Rejected

    Practice Area: Civil rights

    Date: Jul 24, 2017

    Outcome: Case Dismissed

    Description: Criminal case was dismissed upon a motion asserting a violation of Client’s right to a speedy trial.

  • Hate Crime Battery

    Practice Area: Criminal defense

    Date: Aug 24, 2017

    Outcome: Rejected Before First Court Date

    Description: Client was arrested after police were called to a loud verbal argument at his home. Client was charged with domestic battery and maliciously preventing someone for telephoning for help. We provided the DA with a signed declaration from the alleged victim clarifying some mistakes in the police report. The DA rejected the case and Client never had to go to court.

  • Obstructing Police

    Practice Area: Criminal defense

    Date: Jul 10, 2017

    Outcome: Case Dismissed

    Description: Client was charged with obstructing the police. An agreement was reached with the prosecutor in which Client would simply continue to attend classes she had already been attending and avoid negative contact with law enforcement for 60 days.

  • Felony Forgery

    Practice Area: Criminal defense

    Date: Jun 29, 2017

    Outcome: Expunged

    Description: Client suffered a felony conviction for Forgery in 2007. The case was reduced to a misdemeanor and then dismissed pursuant to Penal Code Section 1203.4.

  • Battery

    Practice Area: Criminal defense

    Date: Jun 22, 2017

    Outcome: Charge Reduced

    Description: Client was allegedly captured on video repeatedly striking another woman in the halls of the Superior Court with multiple witnesses present. An agreement was reached in which the charge was reduced from Battery to Disturbing The Peace. Client received one year of informal probation with zero jail time and suspended fines.

  • Drug possession

    Practice Area: Criminal defense

    Date: May 31, 2017

    Outcome: Case dismissed

    Description: Client was charged with possession of illegal drugs. The DA was presented with new information.

  • Mail theft

    Practice Area: Criminal defense

    Date: May 23, 2017

    Outcome: Dismissed

    Description: Client was charged with stealing a package delivered by the USPS. We approached the DA and highlighted the flaws in the case – a poor description from a lone eye witness, and our mutual inability to locate the former co-defendant and subpoena him to testify. The prosecutor believed that she could not meet her burden of proof to proceed to trial and the case was dismissed.

  • Drug possession

    Practice Area: Criminal defense

    Date: May 11, 2017

    Outcome: Dismissed

    Description: Client was arrested for possession of illegal drugs. The arrest also triggered two violations of probation. An agreement was reached in which client attended 50 NA meetings and the case was dismissed. The two probation violations were also dismissed.

  • Battery

    Practice Area: Criminal defense

    Date: May 03, 2017

    Outcome: Case dismissed

    Description: Client was charged with battery stemming from an altercation over who had the right to enter an Uber that had arrived outside the night club. We sent a private investigator to speak with witnesses. We then presented their statements to the DA. The criminal case was dismissed and Client received a $100 non-criminal ticket for disturbing the peace by loud noise.

  • Vandalism

    Practice Area: Criminal defense

    Date: Apr 25, 2017

    Outcome: Case dismissed

    Description: Client attended the counseling of his choice for two months and his case was reduced to a non-criminal $100 ticket. This spared him probation and a driver’s license suspension.

  • Commercial Burglary – Felony

    Practice Area: Criminal defense

    Date: Mar 07, 2017

    Outcome: Burglary charge dismissed

    Description: Client faced total exposure of seven years in state prison. Preliminary hearing was set without a time waiver. We presented major problems in the way the case was charged and with the police investigation to the DA. The DA likely could not be ready in time. The burglary charge was dismissed and the case was settled for 30 days county jail as a probation violation. Defendant was released from custody the next day when the preliminary hearing had been scheduled.

  • Spousal battery

    Practice Area: Domestic violence

    Date: Mar 06, 2017

    Outcome: DA declined to prosecute

    Description: Wife was arrested for striking her husband. We sat down with the young lady, put her version of the physical exchange into a memorandum. We dug up an eleven-year-old domestic violence police report against the husband from a remote county. We outlined the husbands history of untruthfulness by attached documents he had forged over the years (Including his DD214 from the army that he had altered in order to join a police force from which he was later fired.) We put all of this into a mitigation packet and convinced the DA to reject the filing. The young lady’s criminal matter was solved for her before it even got started.

  • Conversion of property

    Practice Area: Criminal defense

    Date: Feb 14, 2017

    Outcome: Case dismissed

    Description: Statements supporting my client’s non-involvement made by another individual were presented to the District Attorney. The case against my client was dismissed shortly after arraignment.

  • British Military

    Practice Area: Military law

    Date: Feb 13, 2017

    Outcome: Diversion offered

    Description: A UK Soldier in California on NATO orders was arrested for public intoxication. He was not offered diversion and was scheduled to be charged with a misdemeanor. We were able to convince the DA to dismiss the case after he completed an online alcohol class. The soldier received no fallout from his chain of command.

  • Violating Protective Order

    Practice Area: Criminal defense

    Date: Feb 06, 2017

    Outcome: Case dismissed

    Description: Client was alleged to have made contact with his ex-wife in defiance of a no-contact order. We made the DA aware of exigent circumstances in the form of direly needed medical equipment for Client’s son that the alleged victim possessed. The new case was dismissed and probation was re-instated without any jail time.

  • 1/2 Pound of methamphetamine

    Practice Area: Criminal defense

    Date: Jan 16, 2017

    Outcome: Conviction Overturned

    Description: Client and co-defendant were alleged to have been transporting a half-pound of methamphetamine for sales. Initially charged as an HS 11378 Felony, the case was plea bargained to Felony Possession of Concentrated Cannabis (a total legal fiction). The case was then calendared for a sentence modification the day after the November elections. Client was able to remove his house arrest anklet that day. The Prop 57 motion was heard on January 16, 2017. The case against my client had to be dismissed and expunged based on the decriminalization of 4 grams or less of hash / 28.5 grams or less of marijuana – neither of which was satisfied by a half-pound of methamphetamine. Client walked.

  • Felony Expungment

    Practice Area: Expungement

    Date: Jan 12, 2017

    Outcome: Expungement granted

    Description: Client was convicted of embezzling $50,000 in 1996. Felony was reduced to a misdemeanor and expunged from her record.

  • Battery against intruder in own home

    Practice Area: Criminal defense

    Date: Jan 09, 2017

    Outcome: Case Dismissed

    Description: Client was charged with battery against an uninvited guest discovered in a connected guest house. After several months of impasse, The Law Office of Peter Depew took over the case. The case was dismissed after the DA was presented with an interview our private investigator conducted with the alleged victim.

  • Possession of prescription pills

    Practice Area: Criminal defense

    Date: Dec 22, 2016

    Outcome: Case Dismissed

    Description: Client was alleged to have been found in possession of several types of pills without a valid prescription during a traffic stop. Case was dismissed after the DA was presented with a statement from a co-passenger taken by our private investigator.

  • Possession of meth – dismissed for 16 NAs

    Practice Area: Criminal defense

    Date: Dec 21, 2016

    Outcome: Dismissal

    Description: Client was charged with possession of methamphetamine. The case was dismissed when client showed proof of completion of 16 Narcotics Anonymous meetings.

  • Grand theft – diamond ring

    Practice Area: Criminal defense

    Date: Oct 26, 2016

    Outcome: Probation granted – no jail

    Description: Client was alleged to have taken a diamond ring from the bathroom of a home while she was there as an invited guest. The case settled for no jail and 18 months of informal probation.

  • Driving with license suspended

    Practice Area: DUI and DWI

    Date: Aug 08, 2016

    Outcome: Case Dismissed (speedy trial)

    Description: Client was alleged to have been driving without a license when he entered a DUI checkpoint. The alleged offense was three years old. A Serna motion was brought to dismiss the case due to dilatory prosecution. The motion was granted and the case was dismissed.

  • LAX customs – 2 lbs. of meth

    Practice Area: Criminal defense

    Date: Oct 24, 2017

    Outcome: Released From Custody

    Description: Client was serving a 45 day jail sentence when I was contacted. I was able to secure Client’s release from custody the same day by substituting time in a Residential Treatment Program for jail time. Client was not eligible for diversion, but his sincere desire to achieve sobriety prevailed upon the judge.