Los Angeles County – Central Courthouse - Penal Code § 1473.7 Motion to Vacate Health & Safety Code section 11350(a) Unlawful Possession of a Controlled Substance Conviction Granted and Dismissed Per Penal Code Section 1385!

Recently, in Los Angeles County at the Central Courthouse our office successfully litigated a Penal Code § 1473.7 motion arguing that our client failed to meaningfully understand the immigration consequences that would result from his 1997 Health & Safety Code § 11350(a) felony conviction.

After reviewing the available documents in the matter, it became clear that our client was not accurately advised of the certainty of the immigration consequences of his conviction. Our client was advised that the conviction “may” cause him immigration consequences but, because it is a controlled substance offense, he should have been advised that it will cause him adverse immigration consequences. Thus, we filed a motion to vacate the conviction pursuant to Penal Code section 1473.7.

Prior to the hearing, we provided the prosecution with an equities package showing that our client has been here since he was fifteen (15) years old, has nine children, has a daughter serving in the United States Air Force, and the fact that our client cares for his elderly sick mother. We explained that our client recently received a notice to appear in immigration court for removal proceedings based, in part, on his conviction in this case.

After reviewing the equities, the District Attorney agreed to submit to the motion and the judge granted the motion and dismissed the Health and Safety Code Section 11350 offense in the interests of justice pursuant to Penal Code section 1385.

This victory will bring our client one step closer to avoiding removal from the United States and the ability to continue to care for his mother and children.

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 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.

Categories: