Our client was recently arrested for an alleged violation of Penal Code section 243(e)(1), “Domestic Battery” involving an incident with her husband. Our client was quickly released on bond and our office was hired shortly after the incident. After meeting with the client, attorney Steve Escovar believed the best course of action was to gather equitable documentation on behalf of our client to present to the prosecution to seek a “no filing” of criminal charges. Given that our client had no prior criminal contacts, was gainfully employed, had sought couples counseling, and had very strong character letters on her behalf, we believed that a “no filing” of criminal charges was the appropriate resolution of the incident.
Our office was able to identify the city prosecutor that was tasked with evaluating the case for criminal filing and we sent the equity package to this prosecutor directly. We also supplemented our equity package with documentation showing that a Department of Children and Family Services (“DCFS”) allegation of child abuse and/or neglect was unfounded.
After the city prosecutor’s office reviewed the documentation and the facts of the underlying case, the prosecutor’s office concluded that no criminal charges would be filed at this time!
This is a great result for our client! After the one-year statute of limitation for filing charges has lapsed, our client will be able to petition the court to seal her record of arrest!
We can help you now! Call now for a free telephonic consultation at 626.577.7700!
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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.