Domestic Violence (Penal Code section 273.5(a)) Offense DISMISSED for Denial of Speedy Trial

A client recently hired our office to assist him with his misdemeanor domestic violence (Penal Code section 273.5(a)) charge. After proper investigation, negotiation and advocacy, our office obtained a dismissal on his case.

Our client hired our office after discovering that he had an outstanding arrest warrant for failing to appear in court in 2014 for charges of Penal Code section 273.5(a) and Penal Code section 243(e)(1). Our client only came to discover these charges and the outstanding warrant after a background check was conducted during a job application. Based on the lack of notice our client received regarding the case and the four-year delay in prosecution, we filed a “Motion to Dismiss for Denial of Speedy Trial.”

In this case, it is alleged that in 2014 our client punched his live-in girlfriend four times on her left bicep during an altercation. The alleged victim subsequently reported the incident to law enforcement and our client voluntarily went to the law enforcement agency for questioning. After being interviewed, our client was released without any incident and was never provided any information regarding a court appearance.

Charges were filed and our client did not receive sufficient notice to appear in court in 2014 for his arraignment on this matter. Our office filed a Motion to Dismiss for denying his speedy trial rights after investigating into the delay in prosecution. After oral argument, the judge granted the motion and the case was completely dismissed!

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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 & Avila, LLP 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.

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