• Battery - Dismissed


    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.


  • Vehicle Tampering - Dismissed


    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.


  • Domestic Violence Injury To Spouse - Dismissed Before Trial


    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.


  • Minor in Possession of Alcohol - Dismissed


    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.


  • Battery - Arrest Sealed


    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.


  • Habeas Corpus Petition - Granted


    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.


  • Felony Probation Violations - Credit for Time Served


    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.


  • Hit and Run - Dismissed per PC 1203.4


    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.


  • Driving with a License Suspended for DUI - Dismissed


    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.


  • Felony Impersonation - Not Held To Answer


    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.


  • Resisting Police and Public Intoxication - Dismissed


    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.


  • Manufacturing Concentrated Cannabis - No Criminal Charges


    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.


  • Domestic Violence - Charges Rejected


    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.


  • Loaded Firearm in Vehicle; Discharge Near Residence - Dismissed


    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.


  • Assault with a Deadly Weapon Felony


    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.


  • Petition for Visitation with Daughter


    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.


  • Under The Influence of LSD - Dismissed


    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.


  • DMV Hearing - Win - No Suspension


    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.


  • DUI - Dismissed pursuant to Penal Code Section 1203.4


    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.


  • DMV hearing - Win - No Suspension


    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.


  • Arrest Sealed


    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.


  • 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.