Recently at the Central Courthouse in Downtown Los Angeles, my client was charged in Count 1 with a violation of Welfare and Institutions Code section 10980(c)(2) (Acquiring Aid by Misrepresentation) and four counts of violating Penal Code section 118 (Perjury by False Application for Aid), all felonies. These charged offenses exposed my client to jail time and negative immigration consequences.
In 2001, our client was arraigned in this matter and failed to appear for her preliminary hearing. After her failure to appear, a bench warrant was issued. When our client hired our office, over seventeen years had passed since the alleged incident and the bench warrant status of her case was prohibiting her from seeking immigration relief.
At the first appearance on the case, we were able to have the court recall the bench warrant. Investigation into the discovery revealed that our client had fraudulently acquired nearly $6,000 from the Department of Public Social Services (“DPSS”). A conviction under the charged offenses would be considered crimes of moral turpitude and expose our client to dire immigration consequences.
Given the age of the case and our client’s clean record since the alleged offenses, we were able to negotiate with the district attorney assigned to the case to dismiss the charges in the interests of justice if our client paid back the money owed to DPSS.
Our client paid back the full restitution and all charges against our client were dismissed! This is a great immigration friendly resolution for our client!
The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.