Los Angeles County – Airport Courthouse - Penal Code § 1473.7 Motion to Vacate Health and Safety Code § 11352(a), Felony Conviction Granted!

Recently, in Los Angeles County at the Airport Courthouse I successfully litigated a Penal Code § 1473.7 motion arguing that our client failed to meaningfully understand the immigration consequences that would result from his 1992 Health and Safety Code § 11352(a) conviction.

We argued that the immigration consequences that our client faced as a direct result of his controlled substance conviction were a factual certainty and subjected him to deportation and exclusion from admission to the United States. We argued that advising our client that immigration consequences “may result” when they in fact “would result” led our client to believe that the charge allowed some possibility for immigration relief, which it does not. Accordingly, we argued our client failed to meaningfully understand and knowingly accept the immigration consequences of his plea as a result of not knowing that those consequences would certainly flow from the conviction and not just “may” occur.

After filing the motion, we supplemented our motion with an equities package to the District Attorney showing that our client worked full-time and was dedicated to caring for his son who is diagnosed with Down Syndrome. The Deputy District Attorney submitted on our motion and the judge granted the motion and the Health and Safety Code section 11352(a) offense was vacated. I was then able to negotiate a plea to Penal Code section 32, an immigration neutral offense for my client. This new charge does not subject my client to the harsh immigration consequences he was facing from his prior controlled substance conviction!

DISCLAIMER:

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.

Categories: