Recently, Mr. Escovar represented a married couple who had been charged with a violation of California Penal Code Section 368, also known as Dependent Adult Abuse. It was charged as a misdemeanor, though this can be filed as a felony since it is a wobbler. The DA’s office decides to charge a felony or a misdemeanor depending on the person’s criminal history and the egregiousness of the present offense. In this case the DA’s office considered the conduct misdemeanor conduct.
Penal Code Section 368 (b) Dependent Adult Abuse Case
This case involved the parents of an adult child with cerebral palsy who had left their adult child in a vehicle while they shopped at a store. The parents checked on the adult child after a few minutes. Later someone saw the individual in the car and called the police. When the parents came back to the car they were arrested.
Mitigating Evidence in a California Penal Code Section 368 (b) Case
Once Mr. Escovar was retained, he gathered mitigating information, letters of recommendation, proof of employment, financial status, and also the fact that there have been apparently no complaints of prior negligent conduct, and the parents had been “Appointed Conservators” for their adult disabled child.
Penal Code Section 368 (b) Charges Dismissed
In light of the mitigation, the prosecution agreed to dismiss all charges as to our clients. It was an excellent fair and correct result.
Sealing Arrest and Court Records After Dismissal Under Penal Code Sections 851.91 and 851.92
Now that the charges have been dismissed, we can file a motion to seal under California Penal Code Section 851.91 and 851.92 which will seal the arrest and court records and make that information no longer publicly available.