Monder Law Group - News
Great Result for Good Samaritan Arrested for Trying to Help Fire Fighters
This was a case Monder Law Group handled where the City Attorneys Office filed criminal charges against a Good Samaritan that was helping Fire Fighters put out a fire in Poway at Tru-Blue Pool Supply Store.
The client was charged with two misdemeanor counts under California Penal Code Section 148(a)(1) and Penal Code 148.2. Both of these statutes require the government to prove beyond a reasonable doubt that the defendant resisted a peace officer and interfered with a fireman. These PC 148 charges are common in San Diego whenever the officer believes that you are obstructing the duties of local law enforcement. You can be found guilty of this charge for even the slightest interference that may cause a delay for the public officer, peace officer, or emergency medical technician in the discharge of or the attempted discharge of their duty. Even though it is considered misdemeanor level conduct, you will be arrested and a conviction will have serious consequences for your future.
In this case, the best approach was to file a Pitchess Motion to get the personel file of the arresting officer and push for trial by pulling any time waiver dates to run the clock on the speedy trial rights of the client. Attorney Vik Monder was successful at filing the necessary motions and being trial ready on a moments notice. At the date set for trial, Mr. Monder received an outright dismissal on the charges against his client. The client was able to maintain his job and employment opportunities for the future due to the persistence and advocacy skills of Mr. Monder.
The City Attorneys Office should have never filed this case because it creates a public policy approach to not wanting to help your neighbors in dire circumstances. The client never had any foul intent but only wanted to do what he thought was the right thing to do and would expect his neighbor to do for him in similar circumstances. If you are facing similar circumstances, feel free to tell your story to Attorney Vik Monder and clear your name! 619-405-0063
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