Two Penal Code section 484(a) Offenses Vacated - Penal Code section 1473.7 Motion Granted

A client recently hired our office to assist her in obtaining post-conviction relief. Our client had two separate cases from 1997 and 1999 in which she was convicted of violating Penal Code § 484(a) (Petty Theft), misdemeanor offenses. When our client hired our office, she was in deportation proceedings and was at risk of being deported back to China.

In our Penal Code section 1473.7 motion, we argued that our client failed to meaningfully understand the immigration consequences of her conviction because she was not informed that the Penal Code § 484(a) offense was a crime involving moral turpitude and, as such, she would face deportation, denial of naturalization and exclusion from admission to the United States. We argued that had our client meaningfully understood the certainty of the immigration consequences she faced, she would have vigorously sought an immigration safe offense or taken her case to trial.

At the first appearance on our motion, the court indicated that it would like more information on the prejudice our client was suffering from the offense. Therefore, our office submitted supplemental points clearly outlining that: (1) at the time of the plea there was no attempt to defend against the immigration consequences of the plea, (2) the current immigration prejudice our client was suffering as a result of the offense, (3) the significant reasons our client had at the time of the plea to avoid potential immigration consequences, and (4) the potential loss our client would suffer if the relief is not granted.

At the next hearing on the motion, we were able to negotiate with the prosecution to reduce the offenses in both cases to infractions.

With this result, it is our belief that our client will no longer be subject to deportation as a result of these convictions! Great result!


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.