Felony Drug Possession Warrant, Recalled, Case Dismissed, No Jail

I represented a client at the Downey Superior Courthouse that had a felony warrant for a failure to appear in court on Cocaine Possession criminal charges. I was able to have the warrant recalled while avoiding my client's arrest by successfully arguing for an own recognizance ("OR") release. Therefore, he did not have to pay any bail fees. I then had the charges reduced to a misdemeanor by filing a Prop 47 motion.

I then negotiated "Pre-Plea" diversion and the case was later dismissed per Penal Code section 1385 "in the interests of justice". This was a tremendous result because my client was an immigrant that would have been deported if he had been convicted. Even if he had only plead "guilty" for post-plea Deferred Entry of Judgment (DEJ per Penal Code section 1000) he still would have suffered immigration consequences. This is because the Federal government considers a DEJ "guilty plea" a conviction, even if a sentence is never imposed.

Lastly, for my clients that have previously successfully completed DEJ, a new law that took effect January 1, 2016, allows for a complete dimissal of criminal charges. Call me for a free consultation on how the new Penal Code section 1203.43 can help you.