Client is a U.S. Legal Permanent Resident, and cannot suffer any criminal convictions because that would trigger removal proceedings in immigration court. He was caught “prowling” outside of a residence, but had not broken into the home, taken any property, or committed any crime. Reporting party stated that an individual was going through her trashcan, looked suspicious, and was concerned for her safety. Client was arrested, and prosecuted for loitering with intent to commit a crime, despite the fact that there was no evidence that he had committed any illegal acts.
When Attorney Friedman challenged the DA’s judgement in filing the case, the judge agreed that the prosecution had failed to meet their burden. Rather than set the matter for jury trial, the court dismissed the case “in the interests of justice” pursuant to the court’s powers under PC 1385, despite the DA’s repeated objections! Case dismissed!