Attorney Peter Matthew Depew's Legal Cases

DUI and DWI

Employer Persuaded to Re-Hire Client After Firing Him for DUI Arrest

Sep 25, 2019

OUTCOME: Client Got His Job Back

Client was fired from his job in the automotive industry as a result of his arrest for suspicion of DUI. However, an employer may not take any adverse position against an employee based on arrest statu ... s pursuant to California Labor Code Division 2, Part. 1, Chapter 3. We sent a memo to the employer stating Client had been convicted of no crime and Client's privilege to drive had not been suspended by the Department of Motor Vehicles because we had requested an Administrative Per Se hearing. As a result, a stay was granted and the license suspension did not take place. We stated our belief that the manner in which Client was laid off was improper. We respectfully requested that Client's employment be reinstated immediately. Client got his job back less than 24 hours later.

Criminal defense

Arizona jail time subtracted from California sentence - Granted

Sep 04, 2019

OUTCOME: Petition Granted - Sentence Shortened

Client wanted his jail time in Arizona credited toward his jail sentence in California. We filed a petition asking the court to recalculate pre-existing custody credits. We cited Penal Code Section 290 ... 0.5 and In Re Watson which showed that Client was entitled to credit for any time spent in jail awaiting extradition. The petition was granted and the Arizona jail time was subtracted from Client's California sentence, moving up his release date.

Mediation

DMV Medical Suspension - Lifted

Aug 20, 2019

OUTCOME: Suspension Rescinded

Client had a hold placed on her California after a traffic accident. At the medical re-evaluation hearing, we argued that Client had an impeccable driving record and that medication had not been a fact ... or in the accident. The hold was lifted and the driver's license was re-issued.

Domestic violence

Domestic Battery - Dismissed

Aug 15, 2019

OUTCOME: Dismissed

Client was charged with battery against his wife. Client's wife called the police to report a domestic battery. When the police arrived, Client's wife had marks on her face. The police never spoke with ... Client, instead choosing to mail him a citation and a date to appear in court. We brought some facts to the attention of the prosecutor that created reasonable doubt. First, Client's wife had recently been arrested for stabbing him. Second, we located a police report in another county that described Client's wife as self-injuring while intoxicated. Ultimately, the case against Client was dismissed.

Expungement

Governor Newsom Pardons Client

Aug 07, 2019

OUTCOME: Pardon Granted

In only his 14th ever pardon, Governor Newsom granted our petition for a pardon of Client's felony conviction of possession of a controlled substance for sales. Client was only the second San Luis Obis ... po County resident to receive a governor’s pardon in more than five years. Client pleaded no contest in September 2004 to a felony count of possession of a controlled substance for sale. She was sentenced to four years of probation without any jail time and had to comply with various court requirements including community service, which she completed. Client then went on to earn her bachelor's degree and be a model citizen. Our office filed for a petition of rehabilitation which was granted in Superior Court in 2017. We then applied to the governor for a pardon on her behalf. That pardon was personally signed and granted by Governor Newsom on August 7, 2019. California residents convicted of a crime can apply for a pardon from the Governor’s Office once the applicant has completed probation or parole without any further criminal convictions and has received a Certificate of Rehabilitation from the court. Although anyone with a criminal conviction can apply, governors historically grant very few pardons.

Expungement

Cannabis Cultivation - Dismissed

Aug 01, 2019

OUTCOME: Dismissed

Client was convicted of cultivation of cannabis in violation of Health and Safety Code Section 11358 in 2003. Pursuant to Proposition 64, Client was able to withdraw his plea and have the case dismisse ... d. Client is now able to truthfully state that he has never suffered a felony conviction.

Criminal defense

Battery (2x) - Dismissed

Jul 25, 2019

OUTCOME: Dismissed

Client was charged with battery upon two individuals while in their home. We informed the DA that Client at the time was suffering from an acute mental health issue and that Client has been undergoing ... treatment with great results. After five months in court, the DA agreed to offer Client diversion. Client completed the two-day diversion class. We showed proof of diversion completion to the court and the case was dismissed. Client never admitted guilt and avoided any type of conviction.

Family

Temporary Restraining Order Petition - Granted, Fees Recovered

Jun 19, 2019

OUTCOME: TRO Granted, Client's terms met, Expenses recovered

We assisted Client with getting domestic violence restraining order against her former boyfriend. A temporary restraining order was granted and then extended pending a hearing on the final order. Betwe ... en court dates, the restrained party agreed to all of Client's terms, including the payment of Client's expenses.

Criminal defense

Battery - Dismissed

Jun 03, 2019

OUTCOME: Dismissed

Client was charged with battery at a little person wrestling event (historically referred to by the pejorative term “midget wrestling”). Client was alleged to have punched another spectator. Surveillan ... ce video showed zero physical touching between the parties. Five individuals gave sworn declarations that no touching occurred. Four additional witnesses were subpoenaed to testify that no touching occurred. The alleged battery supposedly happened in a crowd of 450 people. Every spectator contacted by the police and Defense Counsel stated that they did not see any physical touching. Nonetheless, the District Attorney’s Office filed a criminal complaint against Client. Defense Counsel invoked Client’s right to a speedy trial at the first court date and provided the prosecution with substantial evidence of Client’s innocence. The case against Client was dismissed for insufficient evidence on the eve of jury selection.

Expungement

Vehicle Tampering - Dismissed

Jun 02, 2019

OUTCOME: Dismissed pursuant to PC 1203.4

In 2001, Client was convicted of tampering with a vehicle in violation of VC 10852. We petitioned to allow Client to withdraw his plea and have the case dismissed retroactively. That petition was grant ... ed.

Peter Matthew Depew's Legal Cases (186)

Employer Persuaded to Re-Hire Client After Firing Him for DUI Arrest

Arizona jail time subtracted from California sentence - Granted

DMV Medical Suspension - Lifted

Domestic Battery - Dismissed

Governor Newsom Pardons Client

Cannabis Cultivation - Dismissed

Battery (2x) - Dismissed

Temporary Restraining Order Petition - Granted, Fees Recovered

Battery - Dismissed

Vehicle Tampering - Dismissed