Creative Post-Conviction Result on a Controlled Substance Case

Recently, in the El Monte Courthouse, I obtained a reduction to an infraction on behalf of my client for his Health and Safety Code section 11375(b), possession of a controlled substance misdemeanor offense.

My client received a Notice to Appear in immigration court in 2015 citing his Health and Safety Code section 11375(b) conviction as a basis for his removal. If reduced to an infraction, my client would not be suffering the immigration consequences he is currently facing.

In 2001, an amendment was made to Health and Safety Code section 11375, providing discretion to sentence the offense as an infraction, under certain circumstances.

Our office filed a written motion requesting the offense be redesignated as an infraction. At the hearing on the matter, the judge agreed with our request and the offense was reduced to an infraction.

This creative post-conviction outcome now provides my client an opportunity to remain in the United States with his family.


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 Law, APC 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.