Peter Matthew Depew

Peter Matthew Depew's Legal Cases (186)

San Luis Obispo, CA

Criminal defense Lawyer at San Luis Obispo, CA

Practice Areas: Criminal Defense, Mediation ... +2 more

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DUI and DWI

DUI - Military Diversion Granted / Conviction Avoided

Oct 02, 2020

OUTCOME: Diversion Granted / Conviction Avoided

Client was charged with driving under the influence of alcohol. Client was a commissioned officer in the US military. Due to the disastrous effect that a conviction would have on Client's military and ... post-military career, we made an application for pre-plea veteran's diversion. Client had deployment to combat zones in support of Operation Enduring Freedom. Client was granted military diversion, thereby substituting alcohol education and treatment for a criminal conviction. Client did not have to admit wrongdoing and will be able to seal the underlying arrest after 24 months.

Domestic violence

Domestic Battery - Dismissed

Oct 01, 2020

OUTCOME: Domestic Battery Dismissed - No Contest to Disturbing the Peace

Client was charged with domestic battery against her husband. If convicted as charged, Client would have been excluded from certain federal facilities for five years, effectively losing her livelihood. ... An agreement was reached with the DA in which which the domestic battery charge was dismissed. Client plead no contest to disturbing the peace by loud noise and was ordered to pay a $400 fine. Client was sentenced to 0 days jail and did not have to go on probation or complete any domestic violence class.

Expungement

Arrest Sealed

Sep 23, 2020

OUTCOME: Arrest Sealed

Client was arrested for being under the influence of a controlled substance in 2001. A case against him was never filed. Client was facing an exhaustive background for a position in a heavily regulated ... field. We petitioned to seal the arrest on his behalf. That petition was granted. Client can now truthfully say he has never been arrested.

DUI and DWI

DACA recipient with .13 BAC - DUI Reduced to Wet Reckless

Sep 22, 2020

OUTCOME: DUI Charges Dismissed - Wet Reckless

Client was charged with operating a motor vehicle on the Oceano Dunes with a blood alcohol content of .13 percent. We took statements from people at the Dunes with Client describing his drinking patter ... n. We hired a forensic alcohol expert to prepare a report on any problems with the police report written by State Parks. Ultimately the DA was persuaded to dismiss the DUI charges and allow client to plead no contest to a lesser charge of reckless driving. This is a very desirable outcome for someone with DACA. With that immigration status, a DUI will typically result in losing DACA, while a wet reckless will not.

DUI and DWI

DMV Hearing - Refusal Allegation Disproven

Aug 26, 2020

OUTCOME: Refusal Allegation Disproven

Client was alleged to have refused to provide blood or urine following a DUI arrest. We were able to argue successfully that because the arresting officer had given the admonition after the attempted b ... lood draw using a form that was out of date by a year, the DMV could not actually find Client refused. As such, the DMV did not suspend Client's license as a result of the administrative per se hearing.

Expungement

Trespassing While Hunting - Dismissed pursuant to PC 1203.4

Aug 20, 2020

OUTCOME: Dismissed pursuant to PC 1203.4

In 2019, Client was convicted of FG 2016 Trespassing While Hunting, FG 4336(A) Failure to Possess Deer Tag, and FG 2012 Failure To Show License. We petitioned under PC 1203.4 to allow Client to withdra ... w his plea and have the judge dismiss his case. That petition was granted. Client can now truthfully say he did not suffer that criminal conviction.

White collar crime

Felony Embezzlement - No Jail

Aug 17, 2020

OUTCOME: No Jail

Client was accused of embezzling charged with embezzling $40,000. We negotiated for a plea deal in which Client would receive probation for three years and not have to serve any time in jail or on hou ... se arrest. The restitution amount owed as determined by the Department of Probation was reduced by more than $20,000.

Expungement

Battery on a Peace Officer - Dismissed pursuant to PC 1203.4

Aug 13, 2020

OUTCOME: Dismissed pursuant to PC 1203.4

In 2018, Client was convicted of battery on a peace officer in violation of PC 243(b). We moved under PC 1203.4 to have Client withdraw her plea retroactively and have the judge dismiss the case. That ... motion was granted. Client can now truthfully say she has never suffered a criminal conviction.

Criminal defense

Criminal Discharge of Fireworks - Dismissed

Aug 13, 2020

OUTCOME: Dismissed in Furtherance of Justice

On July 04, 2005, Client was issued a citation for the illegal possession and discharge of fireworks in violation of 14 California Code of Regulations section 4314. The District Attorney filed misdemea ... nor criminal misdemeanor. On July 28, 2005, Defendant phoned the court and was granted a continuance of the arraignment. On August 19, 2005, an arraignment was held but Client allegedly failed to appear. A bench warrant for Client's arrest was issued. On July 28, 2020, we filed a motion to recall the warrant in the San Luis Obispo Superior Court which was granted. We then moved to dismiss the case. The court's record indicated that Client had knowledge of the case against him because he had signed a promise to appear and later called to reschedule the first court date. We argued that neither of those facts were relevant because Client's right to a speedy trial had been violated under a combined reading of state and federal law. The DA joined in our motion to dismiss in furtherance of justice and the case was dismissed.

Expungement

Drunk in Public - Dismissed pursuant to PC 1203.4

Aug 10, 2020

OUTCOME: Dismissed pursuant to PC 1203.4

In 2008, Client was convicted of public intoxication in violation of PC 647(f). We moved under PC 1203.4 to have Client withdraw her plea retroactively and have the judge dismiss the case. That motion ... was granted. Client can now truthfully say she has never suffered a criminal conviction.

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