Felony Health & Safety Code § 11350(a) Post-Conviction Motions!

In 1999 at the Clara Shortridge Foltz Courthouse, prior to hiring our office, my client was charged with a felony Health & Safety Code § 11350(a) offense. He was granted Deferred Entry of Judgment (“DEJ”) in 1999 but failed to appear for proof of enrollment. At that time, DEJ was terminated and a felony bench warrant was issued.

When my client hired me in 2017, he was fearful that if he appeared in court to recall the bench warrant he would be arrested and face adverse immigration consequences, such as deportation.

I appeared in court without my client and I was able to persuade the court to allow me to appear on the felony charge on behalf of my client in order to reduce the offense to a misdemeanor per Proposition 47. Once reduced, I negotiated with the District Attorney to allow my client to be reinstated into DEJ (Penal Code section 1000) once again.[1]

Per the stipulated agreement, after completing 26 Narcotics Anonymous meetings and picking up no new cases, the charge against my client was dismissed based on successful completion of DEJ – without my client having to come to court.

Even though my client received a DEJ dismissal, the charge still could cause federal immigration consequences. I am currently in the process of filing a petition for a dismissal pursuant to Penal Code section 1203.43 which will invalidate the conviction and alleviate potential immigration consequences for my client.

Creative advocacy allowed for a great result on behalf of my client without him ever having to appear in court! We were able to resolve the controlled substance case without exposing my client to harsh immigration consequences that oftentimes result from controlled substance convictions.

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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.

 

[1] See the following link for more information of “DEJ”:

http://www.escovarlaw.com/Firm-Blog/2016/May/Pre-Plea-Diversion-vs-Deferred-Entry-of-Judgment.aspx

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