Our client, age 27, was enjoying some drinks and watching a college football game with his friends at the Pitcher House, a bar and restaurant off Beryl Avenue and Pacific Coast Highway. As the reader of this summary may know, this bar and restaurant is located on the second floor of a shopping center just a block from the Redondo Beach Police Station.
As the evening was winding down, our client walked over to the Rite Aid nearby and witnessed a fight between two groups of about five guys in each group. It was right outside the Rite Aid, in the parking lot. Our client could see one guy down on the pavement getting his face punched by a much larger guy, so our client ran to his rescue and tried to pull off the aggressor.
Just as our client was trying to pull off the larger man, police cars spilled into the parking lot with their sirens blasting and police officers jumped out of the cars, ordering everyone to lay on the pavement.
Our client, who had not landed a punch or even started to fight, remained standing. Police again ordered him to lay down, face down on the pavement.
Our client told the police to “Fuck Off, I didn’t do anything!” Police repeated their orders to our client, who was the only one who did not follow police orders. Our client repeated “Fuck You guys, I didn’t do shit!”
As might be expected, police then forcibly grabbed our client and tackled him to the cement, handcuffing him and quickly putting him into the backseat of a police car. Our client continued yelling at the police with many expletives.
At the station, our client explained further how he was walking over to the Rite Aid and observed a large fight in progress with one person about to receive significant injuries. He acknowledged that he should have obeyed the police officer’s commands and that he was quite drunk.
Our client was released after being booked and signed a promise to appear in the Torrance Courthouse for his arraignment in about three months.
The client then called Greg Hill & Associates and spoke with Greg. He explained what had taken place that evening and asked how such cases were handled in the Torrance Courthouse. Greg explained how the Redondo Beach City Prosecutors generally approached such cases.
Our client, despite being just 27, had sustained six misdemeanor convictions in six different misdemeanor cases in the past. He also had been arrested in several other cases where charges had been dismissed due to lack of evidence. His convictions ranged from receiving stolen property, joyriding (Vehicle Code § 10851), auto-burglary, shoplifting, DUI and public intoxication.
Despite this record, he was a plumber with a well-known plumbing company and made residential house calls.
Greg recommended that the client attend ten to fifteen Alcoholics Anonymous (AA) meetings before the arraignment, as Greg told the client that there was a new law concerning judicial diversion that would become effective just before his arraignment and he might be offered just an opportunity to “earn a dismissal.” Greg explained how the law, at Penal Code §§ 1001.95 to 1001.97, was subject to certain exceptions, but that a violation of Penal Code § 148(a)(1) was not excluded. Greg explained that if the judge refers his case to judicial diversion and the client successfully completes all terms, the charges would be dismissed under Penal Code § 1385 and the police report and court file would be ordered sealed.
The client did attend 20 AA meetings and Greg requested judicial diversion for the client at the arraignment. Over the objections of the Redondo Beach City Prosecutor, the judge granted judicial diversion with requirements that the client pay the $245 City of Redondo Beach Booking Fee and attend 12 anger management classes. The judge gave our client six months to attend such classes and pay the booking fee and if he does both, the case will be dismissed under Penal Code § 1385.
The client was extremely happy with this outcome.
For more information about resisting arrest, public intoxication and the new 2021 judicial diversion law, please click on the following articles: