Penal Code section 1016.5 Granted-Vacating a Penal Code Section 273.5(a) Offense, Case Dismissed!

Recently, at the West Justice Center in Orange County, I obtained a dismissal on behalf of my client for his 1997 Penal Code section 273.5(a) (Corporal Injury to a Spouse) conviction.

Our client was suffering immigration prejudice resulting from his 1997 misdemeanor conviction and hired our office to determine whether post-conviction relief would be available.

After conducting thorough investigation, our office determined that the court failed to retain the required documentation to prove that our client was provided the mandatory Penal Code section 1016.5 advisement regarding the immigration consequences of a conviction.

At the hearing on the motion, the Penal Code section 1016.5 motion was granted, vacating the conviction, and the case was subsequently dismissed. Our client owns his own business and has a wife and children in the United States; the relief obtained on his behalf provides our client with the opportunity to stay united with his family!


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