Health and Safety Code section 11350(a) Offense Reduced, Invalidated and Dismissed Pursuant to Penal Code section 1203.43

Recently, in the Clara Shortridge Foltz Courthouse, I obtained a reduction to a misdemeanor and dismissal on behalf of my client for his Health and Safety Code section 11350(a), possession of a controlled substance felony offense.

My client was originally granted Deferred Entry of Judgment (“DEJ”) in 1999 for his Health and Safety Code section 11350(a) offense. When my client hired my office in 2016, his offense was designated as a Felony, he had failed to complete the DEJ program, and a bench warrant was outstanding for his failure to appear in court on the offense.

I was able to reduce the offense to a misdemeanor pursuant to Proposition 64 and negotiated with the City Attorney to reinstate my client in the DEJ program.

After submitting proof of completion of 26 Narcotics Anonymous meetings, my client successfully completed the DEJ program and the court dismissed the charge.

However, despite the charge being dismissed upon successful completion of DEJ, it was still causing my client adverse immigration consequences. Therefore, I filed a petition pursuant to Penal Code section 1203.43 to have the offense invalidated and dismissed.[1] The petition was granted and the charge will no longer cause my client to suffer immigration consequences.

In a little of one year, I was able to obtain a great result for this client!

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.

 

[1] See our recent blog post for a more in-depth discussion of petitions pursuant to Penal Code section 1203.43 at the following link:

https://www.escovarlaw.com/Firm-Blog/2018/March/What-is-a-Petition-Pursuant-to-Penal-Code-sectio2.aspx

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