Attorney Peter Matthew Depew's Legal Cases

Domestic violence

Domestic Violence - Charges Rejected

Apr 01, 2019

OUTCOME: Criminal Charges Rejected

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 al ... legations 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 aquantance 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.

Criminal defense

Loaded Firearm in Vehicle; Discharge Firearm Near Residence - Dismissed

Feb 28, 2019

OUTCOME: Firearms Charges Dismissed

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 conc ... ealed 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.

Domestic violence

Assault with a Deadly Weapon Felony

Feb 28, 2019

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

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 ultimate ... ly 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

Family

Petition for Visitation with Daughter

Feb 28, 2019

OUTCOME: Client Given Parental Rights and Visitation

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 c ... o-parent with the child's school. Information that could have been detrimental to immigration and naturalization was successfully prevented from entering into the hearing.

Criminal defense

Under The Influence of LSD - Dismissed

Feb 27, 2019

OUTCOME: Dismissed

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 p ... resence of LSD, the case against Client was dismissed after he performed 20 hours of community service with Habitat for Humanity.

DUI and DWI

DMV Hearing - Win - No Suspension

Feb 14, 2019

OUTCOME: Win - No Suspension

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 compl ... etely 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 and DWI

DUI - Dismissed pursuant to Penal Code Section 1203.4

Feb 13, 2019

OUTCOME: Dismissed

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

DUI and DWI

DUI Reduced to Wet Reckless for Client w/ Work Visa

Feb 13, 2019

OUTCOME: DUI Charges Dismissed

Client was charged with drunk driving in violation of Vehicle Code Section 23152. Client's BAC was alleged to have admitted recent marijuana use. Client's BAC was alleged to have been .13 percent. Clie ... nt was in the US on a work visa and needed to avoid a DUI conviction because of his specific line of work. The reasonable suspicion for the initial traffic stop stated in the police report was failure to stop at a stop sign. The officer also wrote that there was no dashboard video of the traffic infraction because the video recorder was malfunctioning. We requested proof of a subsequent repair of the video equipment and there was no evidence of any such repair having taken place. Ultimately the DUI charges were dismissed and the matter resolved for a reduced charge of wet reckless.

DUI and DWI

DMV hearing - Win - No Suspension

Jan 25, 2019

OUTCOME: Win - No Suspension

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.

Criminal defense

Arrest Sealed

Jan 15, 2019

OUTCOME: Arrest Record Sealed

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 transmi ... ssion 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.

Peter Matthew Depew's Legal Cases (186)

Domestic Violence - Charges Rejected

Loaded Firearm in Vehicle; Discharge Firearm Near Residence - Dismissed

Assault with a Deadly Weapon Felony

Petition for Visitation with Daughter

Under The Influence of LSD - Dismissed

DMV Hearing - Win - No Suspension

DUI - Dismissed pursuant to Penal Code Section 1203.4

DUI Reduced to Wet Reckless for Client w/ Work Visa

DMV hearing - Win - No Suspension

Arrest Sealed