Recently, in the El Monte Courthouse, I obtained a reduction to an infraction on behalf of my client for his Health and Safety Code section 11375(b), possession of a controlled substance misdemeanor offense.
My client received a Notice to Appear in immigration court in 2015 citing his Health and Safety Code section 11375(b) conviction as a basis for his removal. If reduced to an infraction, my client would not be suffering the immigration consequences he is currently facing.
In 2001, an amendment was made to Health and Safety Code section 11375, providing discretion to sentence the offense as an infraction, under certain circumstances.
Our office filed a written motion requesting the offense be redesignated as an infraction. At the hearing on the matter, the judge agreed with our request and the offense was reduced to an infraction.
This creative post-conviction outcome now provides my client an opportunity to remain in the United States with his family.
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