Recently at the Clara Shortridge Foltz Criminal Justice Center, Mr. Escovar defended a client who was accused of threatening to cause great bodily harm to another person and illegally possessing a firearm in the manners described in Penal Code sections 422(a) and 29800(a)(1). Due to this client’s prior violent criminal record, this client was facing up to 20 years in prison. But Mr. Escovar went to work.
The defense denied any and all allegations. But Mr. Escovar wanted his client to be treated justly, so he first gathered reference letters, certificates of participation in recovery programs, and other proof of rehabilitation to redeem his client's image. Then, he wrote to the deputy district attorney, showing him this proof, and arranged a time to discuss the matter further.
But still, there was the evidence, and the evidence did not side with Mr. Escovar and his client. Quite the contrary. In the evidence given to Mr. Escovar, there was a video which clearly and plainly showed his client in illegal possession of a firearm and seemingly threatening two victims.
No doubt, at this point, it would seem that all hope was lost. But Mr. Escovar quickly withdrew a time waiver and demanded a preliminary hearing.
Now, since the Penal Code section 1382 mandates that the prosecutor present evidence within (10 court days in this instance), when the prosecutor was unable to locate and bring the alleged victims to court, he was forced to announce that he was “Unable to Proceed” with the Preliminary Hearing.
Although it may be hard to believe, the case was then dismissed. Thanks Mr. Escovar’s efforts, his client, who was facing up to 20 years in prison, is now facing 0! The client has now been promptly released from custody.
Indeed, a persevering advocate like Mr. Escovar makes a difference in how a case is resolved.
*Note: there are no guarantees. Every case is fact specific; results will vary accordingly.