Case Results

Practice Area: DUI and DWI

Date: Mar 24, 2021

Outcome: DUI Charges Dismissed – Wet Reckless

Description: Client was arrested for DUI and provided a blood sample. That sample was tested and allegedly returned with a 0.123 percent BAC. We hired a private laboratory to re-test the blood. That test returned with a .090 percent BAC. As a result, client was offered a reduced charge of wet reckless and his DUI charges were dismissed. This allowed Client to avoid the increased penalties of a second DUI in ten years and left him on better footing with respect to immigration.

Practice Area: Criminal defense

Date: Mar 16, 2021

Outcome: All Charges Dismissed

Description: Police allegedly retrieved 10 grams of methamphetamine, 40 diazepam tablets, two tear gas weapons, and the ID and passport of another person from Client’s vehicle. Due to the unconstitutional nature of the search, the case was dismissed. On the date of the alleged incident, a police officer was dispatched to respond to a verbal disagreement in a hotel lobby pertaining to a women being denied check-in due to an expired California Driver’s License. The officer was informed that a black SUV was “associated with the female.” Upon arrival, the officer observed a black SUV driving away from the front of the lobby area. The officer then immediately initiated a traffic stop without observing any illegal or suspicious behavior, thereby seizing Client, who was the vehicle’s sole occupant. The officer wrote in his report, “I conducted a traffic stop of the SUV to contact the driver and inquire about the circumstances with the female in the lobby. (…) I asked if the female he was with was having an issue in the lobby with the employees, and he stated she was not. While I was speaking with the driver, dispatch advised me that it was being reported that the female was still in the lobby, causing a disturbance. Using my flashlight to illuminate the rear passenger area of the vehicle, I noticed various paper items, a laptop, and a small portable printer. From my training and experience, I noticed those items in the back seat are often associated with identity theft suspects.” It should be noted that there was never an allegation that the female’s identification belonged to another or was a forgery. The allegation was that the female’s license was expired. It should also be noted that this incident took place during the Corona Virus Lockdown in which the Governor had given multiple extensions of expired identification cards and vehicle registrations as DMV offices remained shuttered across California. The officer then asked Client if he could search the vehicle. Client declined. Despite the lack of consent to search and no articulable suspicion of a weapon, the officer ordered Client out of the car and patted him down. The officer wrote in his report, “I told the driver while we waited for the officer to contact the female in the lobby and ascertain what happened, I was going to utilize my certified narcotics detection canine to sniff around the exterior of his vehicle.” Based on the dog’s purported alert, the officer then conducted a hand search of the interior of the vehicle. The officer wrote in his report that he discovered contraband items during the hand search. The actions of the police were unconstitutional for a number of reasons. First, Client was seized without reasonable suspicion via a traffic stop because of a 911 call alleging a non-crime being committed by another person. Second, there was no articulable basis for Client to have been ordered out of this vehicle for a pat down search. Finally, Client was detained for an unreasonable period of time so that a police dog could sniff his car. We filed a motion to suppress and the case was dismissed.

Practice Area: DUI and DWI

Date: Mar 16, 2021

Outcome: DUI Charges Dismissed – Wet Reckless

Description: Client was charged with driving under the influence of alcohol. The arresting officer wrote in his report, “I was on routine patrol when suddenly a vehicle started to make a left turn directly in front of my patrol vehicle. I applied my patrol vehicle’s brakes and was barely able to avoid a collision.” Despite the allegation of nearly causing a traffic collision, the blood alcohol level was close enough to the legal limit that the DA agreed to dismiss both DUI charges and allow Client to plead no contest to a lesser count of wet reckless.

Practice Area: DUI and DWI

Date: Feb 04, 2021

Outcome: DUI Charges Dismissed – Wet Reckless

Description: Client was charged with driving under the influence of alcohol in violation of California Vehicle Code sections 23152(a) and 23152(b). Based on continued negotiation with the DA, both DUI charges were dismissed and client was allowed to plead to a reduced charge of reckless driving. This result in a fine reduction of $1,300, a shortened period of probation, and no obligation to serve custody time.

Practice Area: Cannabis Law

Date: Feb 04, 2021

Outcome: Felony Dismissed – 30 day house arrest

Description: Client was accused of causing an explosion damaging a building while using butane to manufacturer concentrated cannabis (commonly called a honey oil lab). Due to an inability to obtain jurors during the COVID lockdown, we were able to negotiate the dismissal of all felony charges. Client plead no contest to a single misdemeanor charge of possession of cannabis. Client was sentenced to one year of probation and 30 days of house arrest.

Practice Area: DUI and DWI

Date: Jan 28, 2021

Outcome: DUI Charges Dismissed – Wet Reckless

Description: Client was arrested after a minor traffic collision. His blood sample came back as a 0.11 percent. He was charged with DUI. We had a private laboratory re-test the blood sample and it returned as a 0.09 percent. Based on this drop, we were able to convince the DA to dismiss the DUI and allow client to plea to the reduced charge of reckless driving. Client avoided a driver’s license suspension with this resolution.

Practice Area:Criminal Defense

Date: Dec 11, 2020

Outcome: Case Dismissed

Description: Client was charged with being drunk in public in violation of California Penal Code section 647(f). Client had resolved several criminal cases six months prior in a “global disposition.” We argued that the offense date on the new case predated the current grant of probation and it would be a fair outcome to dismiss the new case because it would have been included in the earlier global disposition if the case had been filed at the time. The DA agreed and the case was dismissed.

Practice Area:Criminal Defense

Date: Nov 25, 2020

Outcome: Probation Violation Dismissed

Description: Client was charged with violating her DUI probation by not serving her two day jail sentence. We informed the judge that Client had mistakenly performed eight hours community service in her home county without the authorization of the SLO Sheriff. We also informed the judge that the court had made an error in the computation of custody credits already accrued, shorting Client of at least one day. We argued given the difficulty of travel during the lockdown, the court should adjust Client’s credits to 2 days previously served. The court agreed. The arrest warrant was recalled. The probation violation was dismissed.

Practice Area:Criminal Defense

Date: Nov 19, 2020

Outcome: Child Endangerment Charge Dismissed

Description: Client was arrested for felony child endangerment for driving on the Oceano Dunes that a park ranger considered unsafe with an unrestrained child. Client was charged with misdemeanor child endangerment. We provided cell phone video of the driving in question as well as meticulous photographic documentation of safety precautions Client had always taken with his children when off-roading. The charge of child endangerment was dismissed and client plead no contest to reckless driving. He was not required to serve custody time or attend any classes. He was given 18 months of informal probation and a fine.

Practice Area:Criminal Restitution

Date: Nov 16, 2020

Outcome: Restitution Reduced by 66 Percent

Description: Client was convicted of embezzlement. Client’s former employer submitted a claim for criminal restitution in the amount of $39,000. Client had previously signed a “promise to pay”of $39,000. We stated in court that we believed the true amount of restitution to be $13,000. We refused to stipulate to the higher amount. Over a period of three months, the DA came around to our position that the proper amount was $13,000 based on all available evidence. We then stipulated to that amount, saving Client $26,000.

Practice Area:Criminal Defense

Date: Nov 10, 2020

Outcome: Probation Violation Dismissed

Description: Client was charged with battery for allegedly punching a bouncer. Client was a veteran of the US military and seeking to enter a profession requiring extensive background checks. The DA agreed to offer diversion in which Client would never admit wrongdoing and the case would be dismissed. Client successfully completed a four hour class and the case was dismissed.

Practice Area: Cannabis Law

Date: Oct 22, 2020

Outcome: Probation Violation Dismissed

Description: Client reported being told by his probation officer that he would not be permitted to smoke cannabis. We filed a motion under Penal Code section 11362.795(a) seeking an order from a Superior Court judge clarifying that Client is authorized to use cannabis while on probation. The motion was granted and Client became authorized to use cannabis the same day.

Practice Area: Expungement

Date: Oct 21, 2020

Outcome: Arrest Sealed

Description: Client was arrested for possession of a fake ID. Client completed pre-filing diversion. No criminal case was filed against Client. We moved to seal the arrest under California Penal Code section 851.87. That motion was granted. Client can now truthfully state that he has never been arrested.

Practice Area: Expungment

Date: Oct 7, 2020

Outcome: Dismissed

Description: Client was charged with littering in violation of Paso Robles Municipal Code Section 9.04.070. Client failed to appear at arraignment six years ago and a judgment was entered against him. The fine was sent to collections where it doubled to nearly $1,000. We petitioned to have the charge and fine dismissed in furtherance of justice because Client had suffered a serious brain injury subsequently and had profound amnesia. We argued that there was no rehabilitative value in someone paying a fine when they did not remember committing the offense. The court agreed and the case was dismissed.

Practice Area: Criminal Defense

Date: Oct 5, 2020

Outcome: Dismissed

Description: Client was charged with shoplifting sunglasses. Client denied the allegation throughout. The case against him was based on a pair of sunglasses that was missing when an inventory was conducted shortly after he left the store. However, several other people were in the store at that time. The store claimed to have the theft captured on video but the video that the police obtained via email was so compressed as to be of no value. When the police attempted to re-obtain the original video file some months later, it had been deleted. We provided the DA with video showing that Client typically wears his reading classes on top of his head. As such, the movement in controversy on the blurry video was likely Client interacting with his own glasses so that he could try on sunglasses in the store. After eight months in court, the case was dismissed for lack of evidence on the date it was to be set for jury trial.

Practice Area: DUI and DWI

Date: Oct 2, 2020

Outcome: Diversion Granted / Conviction Avoided

Description: Client was charged with driving under the influence of alcohol. Client was a commissioned officer in the US military. Due to the disastrous effect that a conviction would have on Client’s military and post-military career, we made an application for pre-plea veteran’s diversion. Client had deployment to combat zones in support of Operation Enduring Freedom. Client was granted military diversion, thereby substituting alcohol education and treatment for a criminal conviction. Client did not have to admit wrongdoing and will be able to seal the underlying arrest after 24 months.

Practice Area: Domestic Violence

Date: Oct 1, 2020

Outcome: Domestic Battery Dismissed – No Contest to Disturbing the Peace

Description: Client was charged with domestic battery against her husband. If convicted as charged, Client would have been excluded from certain federal facilities for five years, effectively losing her livelihood. An agreement was reached with the DA in which which the domestic battery charge was dismissed. Client plead no contest to disturbing the peace by loud noise and was ordered to pay a $400 fine. Client was sentenced to 0 days jail and did not have to go on probation or complete any domestic violence class.

Practice Area: Expungement

Date: Sep 23, 2020

Outcome: Arrest Sealed

Description: Client was arrested for being under the influence of a controlled substance in 2001. A case against him was never filed. Client was facing an exhaustive background for a position in a heavily regulated field. We petitioned to seal the arrest on his behalf. That petition was granted. Client can now truthfully say he has never been arrested.

Practice Area: DUI and DWI

Date: Sep 22, 2020

Outcome: DUI Charges Dismissed – Wet Reckless

Description: Client was charged with operating a motor vehicle on the Oceano Dunes with a blood alcohol content of .13 percent. We took statements from people at the Dunes with Client describing his drinking pattern. We hired a forensic alcohol expert to prepare a report on any problems with the police report written by State Parks. Ultimately the DA was persuaded to dismiss the DUI charges and allow client to plead no contest to a lesser charge of reckless driving. This is a very desirable outcome for someone with DACA. With that immigration status, a DUI will typically result in losing DACA, while a wet reckless will not.

Practice Area: DMV Administrative Hearing

Date: Aug 26, 2020

Outcome: Refusal Allegation Disproven

Description: Client was alleged to have refused to provide blood or urine following a DUI arrest. We were able to argue successfully that because the arresting officer had given the admonition after the attempted blood draw using a form that was out of date by a year, the DMV could not actually find Client refused. As such, the DMV did not suspend Client’s license as a result of the administrative per se hearing.

Practice Area: Expungement

Date: Aug 20, 2020

Outcome: Dismissed Pursuant to PC 1203.4

Description: In 2019, Client was convicted of FG 2016 Trespassing While Hunting, FG 4336(A) Failure to Possess Deer Tag, and FG 2012 Failure To Show License. We petitioned under PC 1203.4 to allow Client to withdraw his plea and have the judge dismiss his case. That petition was granted. Client can now truthfully say he did not suffer that criminal conviction.

Practice Area: White Collar Crime

Date: Aug 17, 2020

Outcome: No Jail

Description: Client was accused of embezzling $40,000. We negotiated a plea deal in which Client received probation for three years and did not have to serve any time in jail or on house arrest. The restitution amount owed as determined by the Department of Probation was reduced by more than $20,000.

Practice Area: Criminal defense

Date: 08.13.2020

Outcome: Dismissed in Furtherance of Justice

Description: On July 04, 2005, Client was issued a citation for the illegal possession and discharge of fireworks in violation of 14 California Code of Regulations section 4314. The District Attorney filed misdemeanor criminal misdemeanor. On July 28, 2005, Defendant phoned the court and was granted a continuance of the arraignment. On August 19, 2005, an arraignment was held but Client allegedly failed to appear. A bench warrant for Client’s arrest was issued. On July 28, 2020, we filed a motion to recall the warrant in the San Luis Obispo Superior Court which was granted. We then moved to dismiss the case. The court’s record indicated that Client had knowledge of the case against him because he had signed a promise to appear and later called to reschedule the first court date. We argued that neither of those facts were relevant because Client’s right to a speedy trial had been violated under a combined reading of state and federal law. The DA joined in our motion to dismiss in furtherance of justice and the case was dismissed.

Practice Area: Criminal defense

Date: 08.04.2020

Outcome: Dismissed

Description: Just weeks after his 18th birthday, Client was accused of grabbing the derrière of a female high school classmate who was under 18 while they were in front of the school. He was charged with child molestation under PC 647.6(a)(1) and faced lifetime sex-offender registration. We filed a motion to dismiss pursuant to Serna v. Superior Court. That motion was granted and the case was dismissed.

Practice Area: Criminal defense

Date: Jul 14, 2020

Outcome: Dismissed

Description: Client was alleged to have been so intoxicated as to have been unable to care for himself and to have urinated on the front door of a closed pool hall. Initial negotiations with the DA were frustrated by incorrect allegations that Client had previously been sentenced to prison on a serious felony case. We provided the DA’s office with a DD-214 form proving that Client was in fact serving honorably in the United State Army during the years he was alleged to have been in prison. With the incorrect prior convictions having been addressed, we were able to reach an agreement with the DA that the case would be dismissed before trial if Client attended 30 AA meetings.

Practice Area: Criminal defense

Date: Jul 07, 2020

Outcome: Probation Reinstated – Client Released from Jail

Description: Client was charged with probation violations stemming from five different incidents. Client was remanded into custody presumably to serve 243 days in the county jail. We moved to continue sentencing to the next week. We then brought in witnesses to speak to Client’s good character and the vital care he provides to a gravely disabled family member. Because of the size of the disabled adult family member, only Client was physically able to provide care such as bathing, changing diapers, and repositioning to avoid bed sores. Ultimately, the judge released Client after five days in jail and allowed him to apply for house arrest on the remainder of the sentence.

Practice Area: White collar crime

Date: Jun 30, 2020

Outcome: No Charges Filed

Description: Client was contacted by the police regarding an embezzlement allegation. Client agreed to meet with police detectives. Shortly before traveling to the police station to be interviewed, Client retained us to advise him. We advised him that he should not speak to the police. We contacted the assigned detective and informed him that Client was now represented by counsel, he would not be providing a statement, and all future inquiries should be directed to our offices. No charges were filed and our representation concluded.

Practice Area: Criminal defense

Date: Jun 25, 2020

Outcome: No Jail, No supervision by the Dept. of Probation, 30 days residential treatment

Description: Client was charged with possession of heroin. The DA initially offered 60 days jail if Client did not enter a court supervised drug program that would have subjected her to search and seizure without probable cause, random drug testing and given the court total control over her treatment. We instead negotiated for Client to enter the residential treatment program of her choice for 30 days, serve no jail time, not enter the court supervised treatment program and not be subject to any probation requirements other than to obey all laws.

Practice Area:Criminal defense

Date: Jun 23, 2020

Outcome: Case Dismissed

Description: Client was charged with resisting arrest and public intoxication. She had entered into an agreement to attend 20 AA meetings and provide proof at sentencing to avoid jail time. Client failed to appear at sentencing and a warrant issued. We were retained shortly thereafter. We placed the matter on calendar and recalled the warrant. We then negotiated for more time for Client to attend AA meetings. Client did not attend suffice meetings in time but we were able to negotiate for another extension. Ultimately Client attended the meetings and we provided proof. As an added bonus the case was dismissed at sentencing, meaning no expungement would be needed.

Practice Area: DUI and DWI

Date: Jun 16, 2020

Outcome: DUI Charges Dismissed – Wet Reckless

Description: Client was charged with driving under the influence of alcohol. The breath tests were 0.11 percent and 0.10 percent BAC. We obtained police video that showed client performed better on the field sobriety tests than the police report might have suggested. We also informed the DA that Client was in the United States on a green card and a reduction to a wet reckless would likely help minimize immigration consequences. Ultimately the DUI charges were dismissed and Client plead no contest to a reduced charge of wet reckless.

Practice Area: Criminal defense

Date: Jun 16, 2020

Outcome: Arrest Sealed

Description: Client was arrested for public intoxication. Client successfully completed pre-filing diversion and no criminal case was filed. We petitioned to seal the arrest and the petition was granted. Client can now truthfully say he was never arrested.

Practice Area: DUI and DWI

Date: Jun 10, 2020

Outcome: Probation Terminated Successfully and Two Years Early

Description: Client had two years remaining on his grant of probation for a misdemeanor DUI. Any type of probation, even informal probation, is typically a bar to reenlistment in the military. We worked with Client’s chain of command and the assigned judge to renegotiate for an early and successful termination of probation. We utilized Client’s deployment to assist with civil unrest in Los Angeles to satisfy an unfulfilled work-service obligation. Client is now eligible for immediate expungement.

Practice Area: Domestic violence

Date: Feb 20, 2020

Outcome: Case Dismissed – Client Prevails

Description: A temporary restraining order was granted against Client. Subsequently, we were retained to oppose Client’s ex-boyfriend’s petition for a permanent domestic violence restraining order. Shortly before the family court trial, we informed the ex-boyfriend’s attorney that we were in possession of multiple distasteful messages left by the ex-boyfriend. Opposing counsel withdrew the request for a restraining order and the case was dismissed. The temporary restraining order expired and no permanent restraining order was created.

Practice Area: DUI and DWI

Date: Feb 13, 2020

Outcome: DUI Charges Dismissed

Description: Client was charged with drunk driving in violation of Vehicle Code section 23152. Client was alleged to have been stopped for driving too near the waterline along the ocean. We obtained declarations from Client’s friends describing consumption of alcohol consistent with BAC below .08 percent. When combined with the lack of poor driving and low breath-test numbers, an agreement was reached with the DA to dismiss the DUI charges and allow Client to plead to a reduced charge of wet reckless

Practice Area: DUI and DWI

Date: Nov 15, 2019

Outcome: No Prosecution / Driver’s License Reinstated

Description: lient was arrested for driving under the influence of alcohol with his young child in the vehicle. Police received a call from a disgruntled co-parent stating that Client had taken the child and driven away while highly intoxicated. Client was pulled over and he provided breath samples all under .08 percent BAC. Nonetheless, Client was arrested despite no evidence of unsafe driving being observed. We prepared a mitigation packet for Client prior to the first court date highlighting defects in the case against Client. The DA then rejected criminal charges and the first court date was vacated.

Practice Area: Sex crime

Date: Nov 13, 2019

Outcome: Dismissed

Description: Description: It was alleged that in the early 1990s, Client had sex with a 17-year-old who was 3 years his junior. The case had been in a warrant status for more than 25 years. We placed the matter on calendar to recall the warrant and set the matter for jury trial. The police and prosecution were unable to find the underlying police report. As such, they were unaware of the police officers involved, the name of the alleged victim, or whether the alleged victim desired prosecution. The case was dismissed when the DA could not be ready for the start of trial.

Practice Area: DUI and DWI

Date: Nov 04, 2019

Outcome: Client Immediately Released from Jail

Description: Client had been convicted of a felony DUI w/ Injury in 2015 in another county and was currently serving a 12-month jail sentence for a second felony DUI in 2019. After reviewing the case summary in the earlier case, we filed a motion arguing that Fresno County had inadvertently reduced Client’s felony DUI conviction to a misdemeanor. We argued that because Client’s probation terminated with a local jail sentence instead of a local prison sentence, the first DUI conviction was no longer a felony when the second DUI occurred. We argued that the second DUI could only be charged as a misdemeanor because there was no injury and no prior felony convicted. Client was released from jail that day, four months early.

Practice Area: Domestic violence

Date: Oct 22, 2019

Outcome: Dismissed – Client not involuntarily separated from US Military

Description: Client was charged with spousal battery. A conviction would have effectively ended her military career. We obtained a statement from the alleged victim correcting inaccuracies in the initial police report. We also obtained a police report from another jurisdiction implicating the alleged victim. After discussing the case with a conscientious prosecutor the case was dismissed for problems of proof. Client will not be involuntarily separated from the military.

Practice Area: Criminal defense

Date: Oct 16, 2019

Outcome: Dismissed

Description: Client was charged with resisting / delaying / obstructing a peace officer in violation of Penal Code Section 148(a)(1). Client was alleged to have pulled a recent arrestee away from multiple police officers. We obtained the body camera video. It showed that the police were delayed for exactly eight seconds and that Client was not acting unreasonably in light of the emotional nature of the arrest. The case was dismissed as part of broader negotiations.

Practice Area: Domestic violence

Date: October 15, 2019

Outcome: Dismissed

Description: Client was charged with battery against his wife. Client’s wife had called the police in a highly intoxicated state to report a domestic battery. When the police arrived, Client’s wife had unusual red marks on her face. The police never spoke with Client, they instead chose to mail Client a citation with a date to appear in court. We brought some facts to the attention of the prosecutor that created reasonable doubt. First, Client’s wife had recently been arrested for stabbing him. Second, we located a police report in another county that described Client’s wife as having injured her face with a lighter while intoxicated. In light of those facts, the case against Client was dismissed before trial.

Practice Area: DUI

Date: Oct 1, 2019

Outcome: Dismissed

Description: Client was charged with driving without a license in violation of Vehicle Code Section 12500(a). We filed a motion to dismiss based on a defense contained in Vehicle Code Section 12951. The court dismissed the case against our client on the date of trial.

Practice Area: Mediation

Date: Sep 25, 2019

Outcome: Client Was Given His Job Back

Description: Client was fired from his job in the automotive industry as a result of his arrest for suspicion of DUI. However, an employer may not take any adverse position against an employee based on arrest status pursuant to California Labor Code Division 2, Part. 1, Chapter 3. We sent a memo to the employer stating Client had been convicted of no crime and Client’s privilege to drive had not been suspended by the Department of Motor Vehicles because we had requested an Administrative Per Se hearing. As a result, a stay was granted and the license suspension did not take place. We stated our belief that the manner in which Client was laid off was improper. We respectfully requested that Client’s employment be reinstated immediately. Client got his job back less than 24 hours later.

Practice Area: Extradition

Date: Sep 04, 2019

Outcome: Petition Granted – Sentence Shortened

Description: Client wanted his jail time in Arizona credited toward his jail sentence in California. We filed a petition asking the court to recalculate pre-existing custody credits. We cited Penal Code Section 2900.5 and In Re Watson which showed that Client was entitled to credit for any time spent in jail awaiting extradition. The petition was granted and the Arizona jail time was subtracted from Client’s California sentence, moving up his release date.

Practice Area: DMV

Date: Aug 20, 2019

Outcome: Suspension Rescinded

Description: Client had a hold placed on her California after a traffic accident. At the medical re-evaluation hearing, we argued that Client had an impeccable driving record and that medication had not been a factor in the accident. The hold was lifted and the driver’s license was re-issued.

Practice Area: Pardon / Certificate of Rehabilitation

Date: Aug 07, 2019

Outcome: Pardon Granted

Description: In only his 14th ever pardon, Governor Newsom granted our petition for a pardon of Client’s felony conviction of possession of a controlled substance for sales. Client was only the second San Luis Obispo County resident to receive a governor’s pardon in more than five years. Client pleaded no contest in September 2004 to a felony count of possession of a controlled substance for sale. She was sentenced to four years of probation without any jail time and had to comply with various court requirements including community service, which she completed. Client then went on to earn her bachelor’s degree and be a model citizen. Our office filed for a petition of rehabilitation which was granted in Superior Court in 2017. We then applied to the governor for a pardon on her behalf. That pardon was personally signed and granted by Governor Newsom on August 7, 2019. California residents convicted of a crime can apply for a pardon from the Governor’s Office once the applicant has completed probation or parole without any further criminal convictions and has received a Certificate of Rehabilitation from the court. Although anyone with a criminal conviction can apply, governors historically grant very few pardons.

Practice Area: Prop 64 Expungement

Date: Aug 01, 2019

Outcome: Dismissed

Description: Client was convicted of cultivation of cannabis in violation of Health and Safety Code Section 11358 in 2003. Pursuant to Proposition 64, Client was able to withdraw his plea and have the case dismissed. Client is now able to truthfully state that he has never suffered a felony conviction.

Practice Area: Criminal defense

Date: Jul 25, 2019

Outcome: Dismissed

Description: Client was charged with battery upon two individuals while in their home. We informed the DA that Client at the time was suffering from an acute mental health issue and that Client has been undergoing treatment with great results. After five months in court, the DA agreed to offer Client diversion. Client completed the two-day diversion class. We showed proof of diversion completion to the court and the case was dismissed. Client never admitted guilt and avoided any type of conviction.

Practice Area: Family Law

Date: Jun 19, 2019

Outcome: TRO Granted, Client’s terms met, Expenses recovered

Description: We assisted Client with getting domestic violence restraining order against her former boyfriend. A temporary restraining order was granted and then extended pending a hearing on the final order. Between court dates, the restrained party agreed to all of Client’s terms, including the payment of Client’s expenses.

Practice Area: Criminal defense

Date: Jun 03, 2019

Outcome: Dismissed

Description: Client was charged with battery at a little person wrestling event (historically referred to by the pejorative term “midget wrestling”).
Client was alleged to have punched another spectator. Surveillance video showed zero physical touching between the parties. Five individuals gave sworn declarations that no touching occurred. Four additional witnesses were subpoenaed to testify that no touching occurred. The alleged battery supposedly happened in a crowd of 450 people. Every spectator contacted by the police and Defense Counsel stated that they did not see any physical touching. Nonetheless, the District Attorney’s Office filed a criminal complaint against Client. Defense Counsel invoked Client’s right to a speedy trial at the first court date and provided the prosecution with substantial evidence of Client’s innocence. The case against Client was dismissed for insufficient evidence on the eve of jury selection.

Practice Area: Expungement

Date: Jun 02, 2019

Outcome: Dismissed pursuant to PC 1203.4

Description: In 2001, Client was convicted of tampering with a vehicle in violation of VC 10852. We petitioned to allow Client to withdraw his plea and have the case dismissed retroactively. That petition was granted.

Practice Area: Domestic violence

Date: Apr 29, 2019

Outcome: Dismissed

Description: Client was charged with the willful infliction of a corporal injury on a spouse in violation of Penal Code Section 273.5 At a hearing challenging the restraining order that neither Client nor his wife wanted, we presented a declaration from the alleged victim stating that she was the initial aggressor, that Client was defending himself using minimal force, and that in 20 plus years of marriage, Client had never once touched a human being in anger. We also presented sworn declarations from the alleged victim’s children, her mom, her sister, her lifelong friend and others stating that Client was one of the most honorable and peaceful men they had ever met. In light of strong evidence of lawful self-defense and good character on the part of Client, the criminal case was dismissed before the jury trial was confirmed.

Practice Area: Criminal defense

Date: Apr 25, 2019

Outcome: Dismissed

Description: Client was charged with being a minor in possession of alcohol. We filed a motion alleging that Client’s right to a speedy trial had been violated. The judge agreed and the case against Client was dismissed.

Practice Area: Criminal defense

Date: Apr 24, 2019

Outcome: Arrest Sealed

Description: Client was arrested for battery. We were retained shortly after arrest to prepare a mitigation packet to attempt to make diversion more likely. Client was offered diversion and successfully completed.
Before January 1, 2018, when no criminal charges were filed in court, a person had to wait for the statute of limitations to expire before an arrest could be sealed. However, with the passage of Penal Code Section 851.87, a person who successfully completes pre-filing diversion may seal the underlying arrest without waiting for the statute of limitations to expire.

As such, we were able to petition to seal Client’s arrest nine months early. Our petition was granted and Client can now truthfully say he was never arrested.

Practice Area: Criminal defense

Date: Apr 24, 2019

Outcome: Habeas Corpus Granted – Client Released from Jail

Description: Client was on formal probation for a domestic violence conviction in 2017. Client was arrested on April 18, 2019, on a probation violation. On April 23, 2019, we met with the Client’s significant other and were informed that Client had not been arraigned after 5 days in jail. We quickly filed a Habeas Corpus petition and Client was brought to SLO Superior Court the following day. We were able secure Client’s release that day with credit for time served and his probation reinstated with no further jail obligation.

Practice Area: Criminal defense

Date: Apr 24, 2019

Outcome: Credit for Time Served, No Fines

Description: Client was on two grants of felony probation. Client was charged with a new complaint of felony impersonation of another in violation of Penal Code Section 529(a)(3). We defeated that charge at the preliminary hearing. Client was held to answer on a single misdemeanor.
Despite the significant reduction in charges, the Probation Department recommended a sentence of two years for the violations of probation.
Ultimately, we negotiated a sentence of 38 days in jail across all three cases with no new fines.

Practice Area: Criminal defense

Date: Apr 11, 2019

Outcome: Dismissed

Description: Client pleaded to a misdemeanor hit and run. He was placed on one year of informal probation and not required to do anything other than participate in his existing veteran’s treatment court case in another county and ensure that his car insurance paid out properly. At the end of that year we petitioned for a retroactive dismissal pursuant to Penal Code Section 1203.4. The petition was granted and Client can now truthfully say that he never suffered the criminal conviction.

Practice Area: DUI and DWI

Date: Apr 10, 2019

Outcome: Dismissed

Description: Client was alleged to have driven on a suspended license and without car insurance or registration. The case was set for arraignment as a misdemeanor in June of 2010. Client was alleged to have failed to appear in court despite signing a written promise to appear on that date. Because no attempt had been made to serve a warrant on Client in nine years, we were able to argue that his right to a speedy trial had been violated. His warrant was recalled and the case against him was dismissed.

Practice Area: Criminal defense

Date: Apr 08, 2019

Outcome: Not Held To Answer on a Felony

Description: Client was charged with falsely impersonating another in violation of Penal Code Section 529(a) as a felony. Client was alleged to have given the name of another person to a police officer while being detained for suspected drug activity. Client was alleged to have been recorded by body camera twice giving the false name and date of birth to a police officer. We argued that the prosecution was unable to prove that Client did “any act in furtherance of” the impersonation and that no benefit was gained by Client because there were no active warrants. We also argued that no criminal liability was created for the impersonated party because even if Client were found in possession of a hypodermic needle, recreational possession of hypodermic needles has effectively been decriminalized under HS 11364. The Judge agreed and Client was not held to answer on a felony violation of PC 529(a) with the charge being reduced to a lesser included misdemeanor.

Practice Area: Criminal defense

Date: Apr 04, 2019

Outcome: Dismissed

Description: Client was alleged to have resisted, obstructed or delayed the police during his arrest for public intoxication. Client reached out to the affect police officer and he very charitably agree to support dismissing the charges to facilitate Client joining the military. Despite this, the prosecutor would not dismiss, asking for jail time and a criminal conviction. We were retained on the eve of jury trial and reached the highly unusual outcome of diversion months after the criminal case had been filed. Client paid $350 and completed the one day diversion class. The case against Client was dismissed without him ever suffering a conviction or admitting guilt.

Practice Area: Criminal defense

Date: Apr 04, 2019

Outcome: No Criminal Charges Filed

Description: Police seized marijuana, concentrates and manufacturing equipment allegedly found on a property Client was renting. Client was legally cultivating cannabis that had been permitted as an outdoor grow and then converted to an indoor grow. Police suspected that butane was being used for extraction when in fact no volatile chemicals were being used. No criminal charges were filed against Client and the case never went to court.

Practice Area: Domestic violence

Date: Apr 01, 2019

Outcome: Criminal Charges Rejected

Description: Client was arrested for allegedly striking his ex-gf in the stomach in a state park. A few days after the arrest, we submitted a mitigation packet to the District Attorney’s office contradicting the allegations and adding new information. The arresting officers were not aware that the alleged victim had been convicted of a crime of domestic violence in another state. We also provided a statement from a business acquaintance of the alleged victim stating that she had threatened him with a baseless criminal prosecution to gain an advantage in a financial  negotiation. Client had no prior criminal record, was very accomplished in his field, and had never touched a woman in anger in his entire life. The DA rejected the charges and the pending court date was vacated.

Practice Area: Criminal defense

Date: Feb 28, 2019

Outcome: Firearms Charges Dismissed

Description: Client was charged with carrying a loaded firearm in a vehicle and discharging a firearm within 150 of a residence. Any firearm violation can jeopardize a person’s ability to acquire or maintain a concealed weapon permit. Through a negotiated disposition with the DA, the firearm related charges were dismissed and client was allowed to plead to a lesser bow and arrow charge. The result was 0 days jail and 1 year of informal probation. In one year, Client will be able to expunge the case and truthfully say that he never suffered the criminal conviction if he successfully completes informal probation.

Practice Area: Domestic violence

Date: Feb 28, 2019

Outcome: Reduced to Exhibiting a Weapon as a Misdemeanor; 52 Hour Class; No Jail;

Description:Client was alleged to have assaulted her boyfriend with a knife in violation of Penal Code section 245(a)(1). That charge is punishable by up to four years in state prison. Client’s charge was ultimately reduced to exhibiting a weapon in a rude manner. Because the plea was to a “rude” act and not a “threatening” act, it was not considered a violent offense for purposes of immigration and naturalization. Client received 0 days in jail and was ordered to complete 52 hours of education.

Practice Area: Family

Date: Feb 28, 2019

Outcome: Client Given Parental Rights and Visitation

Description: Client had not seen his daughter in four months. He was deemed by the court to be the child’s father, given physical custody of his daughter on weekends, and it was ordered that Client be listed as a coparent with the child’s school. Information that could have been detrimental to immigration and naturalization was successfully prevented from entering into the hearing.

Practice Area: Criminal defense

Date: Feb 27, 2019

Outcome: Dismissed

Description:Client was alleged to have been found running erratically onto a busy highway. Friends allegedly told the police that he had taken LSD. Due in part to the difficulty of doing a chemical test for the presence of LSD, the case against Client was dismissed after he performed 20 hours of community service with Habitat for Humanity.

Practice Area: DUI and DWI

Date: Feb 14, 2019

Outcome: Win – No Suspension

Description: Client was arrested for DUI. At the DMV hearing on the suspension of his driver’s license, we played the police dashboard camera video. The video showed Client driving on top of, but not crossing completely over, a double yellow line. The two police officers are heard on the video briefly debating whether they can detain the driver or must attempt a consensual contact. The officers ultimately used their overhead lights to seize client within the meaning of the Fourth Amendment. Case law states that reasonable suspicion is not created by a single touch of a fog line. The hearing officer deemed the traffic stop to be unlawful and all subsequent impressions and breath tests were excluded. The end result was that the DMV could not prove that Client drove with a BAC greater than .08 percent. We won the hearing and Client’s license was not suspended.

Practice Area: DUI and DWI

Date: Feb 13, 2019

Outcome: Dismissed

Description: Client’s DUI conviction from 2011 was vacated and retroactively dismissed pursuant to Penal Code Section 1203.4.

Practice Area: DUI and DWI

Date: Jan 25, 2019

Outcome: Win – No Suspension

Description: Client was charged with driving a vehicle with a blood alcohol level in excess of .08 percent. Ultimately, the DMV was unable to produce a witness to testify that Client drove after consuming alcohol.

Practice Area: Criminal defense

Date: Jan 15, 2019

Outcome: Arrest Record Sealed

Description:Client was arrested for public intoxication. Client completed a pre-filing diversion program. The arresting agency converted the arrest to a detention but Client had no mechanism to enforce the transmission of the retroactive change of the arrest status to the Department of Justice.
We placed the matter on calendar to seal all the records associated with the former arrest and to have the Superior Court transmit the information to the Department of Justice in an abundance of caution.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.