Attorney Peter Matthew Depew's Legal Cases

Criminal defense

Child cruelty - dismissed

Dec 20, 2023

OUTCOME: Case dismissed

Client was alleged to have pushed his teenaged son in front of a police officer and was charged with willful cruelty to a child. I obtained the police officer's body cam footage. It showed the officer ... pushing Client onto a bench in his front yard without justification, breaking the bench. The footage also showed the shove, which did not cause the boy to fall to the ground. I was able to locate a prior allegation against the officer of adding unjustified charges when he was employed by another police department. The city who employed the officer, paid a settlement as a result. I raised the minimal nature of the push, along with the potential credibility issue of the officer, and the DA agreed to dismiss the case in exchange for Client attending anger management and AA.

Mediation

Restraining order - victorious at trial

Nov 08, 2023

OUTCOME: Trial won - temporary restraining order lifted

Clients were seeking defense against a neighbor who had filed to obtain a restraining order. The Neighbor alleged that Client had intentionally hit him with his truck and that both Clients were harassi ... ng him. Using my training in alternate dispute resolution, I spoke with the Neighbor in the hope of restoring harmony in the neighborhood without involving the court. Regrettably, the neighbor was unwilling to withdraw his restraining order petition. At trial, I confronted the neighbor with video of the truck incident showing that the neighbor was not struck. In fact, the neighbor had intentionally stepped in front of Client's vehicle and Client immediately braked and avoided striking him. Additionally, I presented profane signs the neighbor had placed in his yard directed at Clients. I was able to locate restraining order petition filed against the neighbor years ago that alleged harassment, in facts oddly similar to Clients' case. Clients won at trial. The temporary restraining order was lifted.

Criminal defense

Probation violation - alternate sentencing arranged

Jul 25, 2023

OUTCOME: Home detention authorized

Client was charged with a violation of probation for failing to report to jail on a prior conviction for felony eluding police in a motor vehicle. Because of COVID restrictions, the jail was unwilling ... to accept Client when she initially tried to serve her sentence in 2020. Client did not follow up with the jail and for two years she had a warrant. I was able to have her warrant rescinded and have the court authorize her to apply for home detention.

Criminal defense

4th DUI and probation violation - No custody

May 23, 2023

OUTCOME: No custody

Client was facing prison for a fourth DUI charge in 10 years. I was able to secure probation without jail time on the condition that client spend 180 days in a residential treatment program. Client did ... not provide proof of such and a warrant issued. Client contacted me saying he had been hospitalized with lung cancer after losing consciousness on his first day of residential treatment. Because he had an active warrant, he was not receiving his VA disability benefits. I was able to have his warrant recalled without Client traveling to court. I explained to the prosecution and the judge that Client was a terminally ill veteran who was physically unable to serve jail time or do residential treatment. I was able to postpone his jail remand date for more than two years. Client passed away in a private hospital with his daughter at his side and his. VA benefits restored without ever having to serve his sentence.

Domestic violence

Domestic violence - Not Guilty verdict

Nov 16, 2022

OUTCOME: Not Guilty verdict on domestic violence charge

Client was charged with inflicting a corporal injury on a dating partner. During trial, I presented written statements by the alleged victims sent to the Victim Witness Office in which she wrote that n ... o crime had occurred. After sending those statements, the alleged victim changed her mind and decided she did want a criminal prosecution. I impeached her testimony during cross examination with the prior inconsistent statements. During cross examination, I confronted the police officer who recommended the corporal injury charge with photographs showing a lack of injury. The jury returned a Not Guilty verdict on the charges of inflicting a corporal, and the lesser included crimes of domestic battery, battery, and assault. Client was found guilty of a single count of vandalism for kicking a door and damaging it.

DUI and DWI

DUI - Dismissed

Aug 19, 2022

OUTCOME: Dismissed

Client was charged with misdemeanor DUI. Client worked within the Department of Defense and likely would have lost his security clearance if convicted. Our petition for veteran's diversion was granted. ... Client did not admit wrongdoing at any point. Client went 18 months without arrest while attending counseling and the case was dismissed.

DUI and DWI

DUI - Criminal case dismissed / No nursing board sanction

Aug 19, 2022

OUTCOME: Dismissed

Client was charged with misdemeanor DUI. Client worked as a registered nurse and likely would have faced license suspension if convicted. Our petition for veteran's diversion was granted. Client did no ... t admit wrongdoing at any point. Client went 18 months without arrest while attending counseling and the case was dismissed.

Criminal defense

Felon with firearm / ammunition - Dismissed

Jun 06, 2022

OUTCOME: Felony charges dismissed

Client was charged with being a convicted felon in possession of a firearm and ammunition. Client, who is African American, was stopped by a law enforcement officer, who is Latino. Client was given a c ... itation for driving with suspended license. The officer then decided to tow Client's Mercedes, which was not required by law. The officer offered Client a ride back to town. Before Client could enter the officer's vehicle, Client's bag was searched without being asked for his consent. There is no "free ride" exception to the Fourth Amendment. It could not be argued that the officer had an articulable suspicion that Client was armed because the officer had completed the criminal investigation without a search when he issued the citation. As the bag was on the client and not in the vehicle, it was not subject to a towing inventory search. We filed a motion to suppress evidence. The DA found it persuasive and dismissed the felony charges. Client plead No Contest to driving without a license and was given credit for time served. The DA's initial offer was four years state prison.

Criminal defense

Felony Probation Terminated Early

May 18, 2022

OUTCOME: Petition Granted

Client had been convicted of selling and transporting controlled substances. He was placed on supervised probation for three years. Client performed admirably on probation and had secured work in anoth ... er state. We placed the matter on calendar for an early termination after 15 months. That petition was granted.

Criminal defense

Battery - Dismissed

Apr 28, 2022

OUTCOME: Dismissed

Client was alleged to have punched a woman at the Mid-State Fair in Paso Robles according to the testimony of several bystanders. Based on Client's lack of prior criminal history, we negotiated an agre ... ement in which Client did not admit guilt but simply went one year without being arrested and the case was dismissed.

Peter Matthew Depew's Legal Cases (186)

Child cruelty - dismissed

Restraining order - victorious at trial

Probation violation - alternate sentencing arranged

4th DUI and probation violation - No custody

Domestic violence - Not Guilty verdict

DUI - Dismissed

DUI - Criminal case dismissed / No nursing board sanction

Felon with firearm / ammunition - Dismissed

Felony Probation Terminated Early

Battery - Dismissed