Attorney Peter Matthew Depew's Legal Cases

Domestic violence

Felony Domestic Violence Arrest - No Prosecution

Jun 09, 2021

OUTCOME: Police Report Rejected - No Prosecution

Client was arrested for willfully inflicting a physical injury to her partner. She was booked into the county jail on a felony violation of Penal Code Section 273.5. When she posted bail, she was given ... a court date two weeks in the future. We were immediately retained and went to work on Client's behalf to try to convince the District Attorney to reject the police report and not prosecute Client. We provided the DA with a packet highlighting Client's injuries, her size disadvantage, her prior clean record and the negative impact a criminal case would have on her professional licensing. The DA rejected the police report and declined to prosecute. The court date was vacated. Client maintained her clean record.

DUI and DWI

DUI with Refusal - Dismissed

May 20, 2021

OUTCOME: DUI and Refusal dismissed - $355 fine and 1yr informal probation

Client was charge with driving under the combined influence of drugs and alcohol, refusing to provide a chemical sample, and possessing a loaded firearm in a motor vehicle. We were able to negotiate a ... disposition in which the DUI charge was dismissed and the refusal was dismissed. Client plead no contest to possessing a loaded firearm and an added count of participating in a speed contest. Client was placed on informal probation for one year with the only condition being that he pay a fine of $355 fine. The court did not order a driver's license suspension or a firearm prohibition. Client was eligible to have his firearm and cannabis returned to him from the police evidence locker upon the resolution of the case.

DUI and DWI

DMV Hearing - DUI Allegation Disproven

May 14, 2021

OUTCOME: License Suspension Avoided

Client was facing the suspension of her California driver's license for driving with a blood alcohol concentration above 0.08 percent. We obtained the dashboard and body cam video of the arresting offi ... cer. We also obtained a copy of the police report and all the traffic broadcast over the police radio immediately before the traffic stop. The officer wrote in his report that Client, "came extremely close to several parked cars and nearly caused an accident." However, the officer's dashboard video showed that Client had driven safely and as far from parked cars as legally possible and that the allegation of a near-accent was completely false. That in turn begged the question of why a traffic violation might be fabricated. The audio recording of the police radio traffic revealed a "be on the lookout" was broadcast for a white SUV driving near the dumpsters of closed businesses late at night. Client was driving a similar vehicle at the time of the broadcast. Client was likely stopped for phantom traffic violations as a pretext to investigate a potential robbery. But because the "suspicious" white SUV was not actually alleged to have broken any laws by driving behind closed businesses, the police officer could not have initiated a traffic stop without observing an independent traffic violation. The DMV hearing officer concluded that the traffic stop was unconstitutional and he suppressed all the resulting evidence. Client was victorious.

Criminal defense

Commercial Driver Spilling Load on Highway Misdemeanor - Dismissed

May 11, 2021

OUTCOME: Dismissed

Client was charged with driving a vehicle not covered to prevent any of its contents from dropping, sifting, leaking, blowing, spilling, or otherwise escaping in violation of Vehicle Code Section 23114 ... (a). Client had several viable defenses to the misdemeanor charge. First, Client did not have the prior infraction of that code section required before a second offense could be charged as a criminal misdemeanor. While this defense would have converted the charge from a misdemeanor to an infraction, that would have still left Client potentially liable for a fine. As such, we provided documentation to the DA that Client's employer had gone to great expense to promptly hand all the cleanup and improvement requested by CalTrans. In light of this, the DA agreed to dismiss. Client avoided a criminal conviction. Client also avoided any fine or point on his driving record that might have resulted from a ticket.

Expungement

Vandalism - Reduced to a Misdemeanor and Expunged

May 05, 2021

OUTCOME: Dismissed Retroactively

Client had been convicted of felony vandalism in 2015. We petitioned to reduce the felony to a misdemeanor in order to restore Client's firearm rights. That petition was granted and we subsequently exp ... unged the misdemeanor record.

Criminal defense

Failure to Surrender to Jail - No Probation Violation Found

May 04, 2021

OUTCOME: Warrant Recalled / No Probation Violation Found

Client entered into a plea agreement in which she could show proof of residential treatment in lieu of serving jail time. Client missed the deadline to begin residential treatment and a warrant was iss ... ued. We were able to recall the warrant and show proof of completion of residential treatment, albeit several months beyond the court's initial deadline. The court was willing to accept the late residential treatment and did not impose additional custody time or find Client in violation of her probation.

Criminal defense

Battery at Mid-State Fair - Dismissed

Apr 28, 2021

OUTCOME: Dismissed

Client was charged with battery for allegedly punching a woman outside the Mid-State Fair in Paso Robles. We reached an agreement with the DA in which Client would attend a four hour anger management c ... lass and pay any expenses occurred by the alleged victim. In exchange, the case would be dismissed without Client ever admitting guilt or paying any fines or fees. Client met all her obligations and her case was dismissed.

Criminal defense

Probation Violation (Failure to Pay Restitution) - Dismissed

Apr 26, 2021

OUTCOME: Dismissed

The Department of Probation asked the court to revoke Client's probation due to non-payment of restitution. Because ability to pay and willful non-payment could not be established, the violation was d ... ismissed.

Criminal defense

Illegal Lodging

Apr 14, 2021

OUTCOME: Dismissed

Client was charged with illegal lodging in violation of California Penal Code Section 647(e). This is the statute most often used to criminalize homelessness in California. The Judge granted our motion ... arguing that the District Attorney had unreasonably delayed the prosecution subsequent to the filing of a complaint and the case was dismissed.

Criminal defense

Illegal Lodging - Dismissed

Apr 14, 2021

OUTCOME: Dismissed

Client was charged with illegally lodging at the Fernandez Trailhead in San Luis Obispo in 2015. Client was notified he had a five year old warrant in that matter. We placed the matter on calendar and ... had the warrant recalled. Client was homeless at the time and had improved his circumstances substantially in the intervening six years and had not subsequent arrests. We argued that Client's right to a speedy trial had been violated. Both the prosecution and the judge agreed. The case was dismissed.

Peter Matthew Depew's Legal Cases (186)

Felony Domestic Violence Arrest - No Prosecution

DUI with Refusal - Dismissed

DMV Hearing - DUI Allegation Disproven

Commercial Driver Spilling Load on Highway Misdemeanor - Dismissed

Vandalism - Reduced to a Misdemeanor and Expunged

Failure to Surrender to Jail - No Probation Violation Found

Battery at Mid-State Fair - Dismissed

Probation Violation (Failure to Pay Restitution) - Dismissed

Illegal Lodging

Illegal Lodging - Dismissed