Creative Post Conviction Relief Result - Penal Code Section 17(d) Reduction

An immigration attorney referred me a client to see if I could vacate one of his two misdemeanor convictions. Apparently, my client was present in the United States based on a Temporary Protected Status (TPS). You cannot have two misdemeanor convictions without losing your TPS. Vacating a conviction is very difficult, yet, we often succeed. Our focus in representing clients in Post Conviction Relief is to find a solution that allows them to remain lawfully in the United States or successfully adjust their status. Having that in mind, I proposed simply reducing the misdemeanor for driving with a suspended license to an infraction. The immigration attorney said, "that will work". At the West Covina Superior Courthouse, I filed a Penal Code section 17(d) motion to reduce a misdemeanor to an infraction. The judge granted the motion and my client was able to maintain his TPS status. There is nothing better than executing creative solutions!