Penal Code section 243(e)(1) Offense Set for Trial by Defense and Dismissed Pursuant to Penal Code section 1382 – Prosecution Announced Unable to Proceed! Record of Arrest Ordered Sealed Pursuant to Penal Code section 851.91!

Our office was previously retained to represent a client involved in an incident that resulted in his arrest for an alleged violation of Penal Code section 243(e)(1), “Battery on a Spouse/Girlfriend/Cohabitant.”

After investigating the matter, we determined that our client had a strong case for trial. We believed that evidence would show that our client’s fiancé had a motive to fabricate in this matter because she wanted to be able to claim full custody of their three children. We wanted to cross-examine the complaining witness on her allegations to law enforcement, so we set the case for trial without a time waiver and began preparing our client’s defense.

At the 7 of 10 date for trial the prosecution announced that they were unable to proceed and the case against our client was completely dismissed pursuant to Penal Code section 1382. We believe that this was based on the complaining witness’s failure to cooperate with the prosecution, knowing that she had fabricated her story to law enforcement.

This resulted in a complete dismissal for our client! However, our client had no previous law enforcement contacts or arrests and did not want his arrest for this matter to cause him any prejudice in the future. Thus, our client hired our office to file a petition to seal the arrest pursuant to Penal Code section 851.91. At the hearing on the motion, the court granted the request to seal the record of our client’s arrest!

Now, our client will no longer need to worry about this arrest causing him any prejudice in the future!

We can help you now! Call now for a free telephonic consultation at 626.577.7700!


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