Attorney Peter Matthew Depew's Legal Cases

Domestic violence

Domestic Violence Injury To Spouse - Dismissed Before Trial

Apr 29, 2019

OUTCOME: Dismissed

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 have 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.

Criminal defense

Minor in Possession of Alcohol - Dismissed

Apr 25, 2019

OUTCOME: Dismissed

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 dism ... issed.

Criminal defense

Battery - Arrest Sealed

Apr 24, 2019

OUTCOME: Arrest Sealed

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.

Criminal defense

Habeas Corpus Petition - Granted

Apr 24, 2019

OUTCOME: Habeas Corpus Granted - Client Released from Jail

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.

Criminal defense

Felony Probation Violations - Credit for Time Served

Apr 24, 2019

OUTCOME: Credit for Time Served, No Fines

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 pre ... liminary 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.

Criminal defense

Hit and Run - Dismissed per PC 1203.4

Apr 11, 2019

OUTCOME: Dismissed

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 ano ... ther 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.

DUI and DWI

Driving with a License Suspended for DUI - Dismissed

Apr 10, 2019

OUTCOME: Dismissed

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.

Criminal defense

Felony Impersonation - Not Held To Answer

Apr 08, 2019

OUTCOME: Not Held To Answer on a Felony

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.

Criminal defense

Resisting Police and Public Intoxication - Dismissed

Apr 04, 2019

OUTCOME: Dismissed

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.

Criminal defense

Manufacturing Concentrated Cannabis - No Criminal Charges

Apr 04, 2019

OUTCOME: No Criminal Charges Filed

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 an ... d 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.

Peter Matthew Depew's Legal Cases (186)

Domestic Violence Injury To Spouse - Dismissed Before Trial

Minor in Possession of Alcohol - Dismissed

Battery - Arrest Sealed

Habeas Corpus Petition - Granted

Felony Probation Violations - Credit for Time Served

Hit and Run - Dismissed per PC 1203.4

Driving with a License Suspended for DUI - Dismissed

Felony Impersonation - Not Held To Answer

Resisting Police and Public Intoxication - Dismissed

Manufacturing Concentrated Cannabis - No Criminal Charges