Client was named as suspect in domestic violence matter. Police never contacted client, and simply obtained a warrant for his arrest. Client was never served with the arrest warrant until five years later, when he was contacted by the police during a routine traffic stop. Mr. Friedman argued pursuant to Serna, that the State had failed to act with due diligence to bring client to court in a reasonable amount of time. The passage of time had prejudiced the client’s ability to receive a fair trail and present a defense. Judge agreed with Mr. Friedman, and over the objection of the prosecutor, dismissed the case! Client was a legal permanent resident, and conviction of a DV crime would have caused him to be placed into deportation proceedings.
- From State Prison & 2 Strikes, to Misdemeanor Time Served – Sacramento Case 17FE003839
- Case Dismissed, Insufficient Evidence – Nevada County Case F18-045B