Resisting Arrest Case Reduced and Client Receives Disturbing the Peace Infraction
Reduced to an Infraction
My client was charged in Santa Clara County with resisting, obstructing, or delaying Mountain View Police officers in the course and performance of their duties. My client was returning home from a night out at the bars. One of her friends was chased down by cops after he was alleged to have vandalized a store front window. When my client caught up with her friend and the Mountain View Police she was accused of trying to prevent his arrest. My client was accused of violently resisting the Mountain View Police Officers from placing her into handcuffs. When the Mountain View Police Officers finally placed her in handcuffs she was further accused of trying to kick her arresting officer in the groin. At a hearing the judge agreed to provide my client Pitchess Materials, (i.e., negative officer history) against some of the officers involved in her arrest. We set my client's case for trial. However, prior to trial the District Attorney backed down and offered my client a Penal Code section 415 “Disturbing the Peace” infraction. This meant that my client would not have to serve a single day in jail, perform community service or have any criminal record that would negatively impact her for employment purposes.