Our client was charged in the South County Division of the San Diego Superior Court with robbery under Penal Code § 211, a serious felony carrying a 2–5 year state prison exposure. He and his sister were handcuffed and detained by the San Diego County Sheriff’s Department after deputies received a phone call claiming they stole a scooter from a man at a park in Imperial Beach. Despite no scooter being located and no corroborating evidence, deputies arrested both siblings on the spot, handcuffed them, and accused them of felony robbery.
The sister was never charged, but the District Attorney filed a felony robbery case against the brother, exposing him to prison time and a strike offense. Our firm conducted an aggressive defense investigation, which included obtaining surveillance video from the park that proved no robbery occurred. We presented these findings to the DA, demonstrating that the case was based solely on an uncorroborated phone call and a wrongful arrest without evidence.
As a result, the District Attorney dismissed the case in its entirety, fully clearing our client. Following the dismissal, we teamed up with a civil rights attorney and filed a federal civil lawsuit against the San Diego County Sheriff’s Department to hold the involved deputies accountable for their outrageous conduct and unlawful arrest. This outcome not only avoided a wrongful felony conviction but also initiated steps to seek justice for the client’s mistreatment.