September 29, 2022
Recently, in Golden Municipal Court, Mr. Martinez achieved dismissal of all counts in a case where the client was charged with destruction of property and trespass. Mr. Martinez successfully argued that the destruction of property count was invalid because the client’s conduct did not satisfy the legal standard of complicity – which, when validly implemented, allows an individual to be convicted for an act another commits when the individual helps plan, execute, or conceal the offense. Mr. Martinez also successfully argued that the trespass charge was invalid due to the affirmative defense of “choice of evils” – a defense which excuses unlawful conduct when the actor violates the law only to avoid substantial and immediate injury to another person or property.
Because Mr. Martinez’s client’s case was completely dismissed, the client is eligible to seal all records associated with the case, as if it never happened.