Penal Code section 484g(b), “Use of an Unlawfully Obtained Credit or Access Card,” Offense Dismissed After Filing of Speedy Trial Motion (Serna Motion)!

Our office was recently retained to represent our client who was being charged with violating Penal Code section 484g(b), “Use of an Unlawfully Obtained Credit or Access Card.”

According to the police reports, it was alleged that in 2013 our client had stolen credit cards from multiple victims and used the stolen cards to purchase gasoline and other products. It was further alleged that our client provided these credit cards to other defendants who then also used the cards for unauthorized purchases.

Our client was originally arrested in 2013 and was released by law enforcement pending further investigation and was not provided a citation with a date to appear in court. Shortly after his arrest and release, our client was ordered to voluntarily depart the United States to Mexico by the federal government. While our client was residing in Mexico, a letter was sent to his last-known address in the United States informing him that charges against him had been filed and he needed to appear in court. Our client’s wife received this letter; however, our client was unable to appear due to his voluntary departure order. Our client’s wife appeared in court on the date cited on the letter and informed the court of our client’s deportation. When our client arrived back in the United States, he went to the Pasadena Courthouse Clerk’s Office to inquire regarding this matter and was informed that he did not have a case pending. It was not until recently hiring an immigration attorney to assist in obtaining citizenship that our client became aware that he had an arrest warrant in this matter.

Based on a review of the court file, the discovery provided by the prosecution and interviews with our client, we believed that we had a meritorious denial of speedy trial motion. Thus, we filed a motion requesting a dismissal of the charges due to the violation.

After review of the motion, the prosecution agreed to submit on the motion and at the hearing the court granted the moving papers without oral argument. Thus, the court dismissed the charges for denying our client his speedy trial rights and the case was completely dismissed!

This is an amazing result for our client! If convicted of this charged offense our client would face certain deportation, denial of naturalization, and exclusion from admission.

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

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