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!


The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.