Post-Conviction Relief: Penal Code section 245(a)(1) Felony Assault With a Deadly Weapon Conviction – Vacated & Dismissed:

Recently, at the San Fernando Courthouse in Los Angeles County, I obtained a dismissal on behalf of my client for his 1995 Penal Code section 245(a)(Assault with a Deadly Weapon) conviction.

Prior to hiring our office, our client had previously hired private defense counsel to litigate post-conviction relief on his behalf. According to the docket and reporter’s transcripts of the proceedings, we were able to determine that our client’s previous counsel had filed and argued a Petition for Writ of Habeas Corpus and Coram Nobis motions in an attempt to vacate our client’s conviction. These prior motions were denied by the court.

Our office was able to obtain the transcript of the plea in this matter. After reviewing the transcript of the plea and other available documents, it was clear that our client was not provided the admonishment required under Penal Code section 1016.5. Therefore, our office filed a Motion to Withdraw the plea pursuant to Penal Code section 1016.5.

At the first hearing on the motion, the prosecution vehemently opposed our motion given the previous post-conviction litigation in the matter and the seriousness of the charges. In response to this opposition, our office filed a written supplement addressing the prosecution’s concerns. After reading our written response, the prosecution supported our motion.

At the final hearing on the motion, the judge indicated that he would deny the motion, but based on the prosecution’s support, the judge granted the motion.

This conviction was causing our client serious immigration consequences and he had been attempting to vacate the conviction since 2005. Based on our zealous advocacy and determination, we were able to obtain the result our client needed!

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