Penal Code § 459 Second Degree Commercial Burglary Case Dismissed!

Recently, at the Pasadena Courthouse I obtained a complete dismissal for my client! My client was originally charged with violating Penal Code section 459, Second Degree Commercial Burglary, a misdemeanor. It was alleged that my client broke into a storage facility site and used a wire to disengage the locking mechanism in order to open a locked door and steal the items inside.

After investigating the matter, we submitted an equities package to the district attorney handling the case. In the equities package, we attached documentation that showed that our client was under the belief that he had permission to enter the premises to claim his personal belongings. After review of the equities package, I spoke to the Supervising Deputy District Attorney and she provided us the opportunity to have an office conference on the matter.

At the office conference, my client was given an opportunity to explain his behavior and his lack of prior criminal history. At the next court appearance on the case, the district attorney’s office dismissed the case pursuant to Penal Code section 1385 (in the interests of justice).

With this great result my client will not have to face any criminal punishment or suffer this conviction on his criminal history record!

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