Two Post-Conviction Motions Granted Pursuant to Penal Code section 1473.7 and Penal Code section 1016.5 for a Client in One Day and Convictions Vacated and Dismissed!

Recently, in Los Angeles County at the Airport Courthouse attorney Steve Escovar successfully litigated two post-convictions motions on behalf of one client.

Mr. Escovar was able win a Penal Code § 1473.7 motion arguing that our client failed to meaningfully understand the immigration consequences that would result from his 1993 Health and Safety Code § 11377(a) felony conviction. Upon granting of this motion, the conviction was vacated and the charge was dismissed pursuant to Penal Code section 1382.

On a different case for the same client, Mr. Escovar was able to successfully litigate a Penal Code section 1016.5 motion and our client’s 1988 Health and Safety Code § 11377(a) felony conviction was vacated and dismissed pursuant to Penal Code section 1382. Our motion argued that our client was not provided the proper statutorily mandated immigration advisement at the time of his plea as required.

The successful litigation of the motions was facilitated by a meeting Mr. Escovar had with the Supervising District Attorney of the courthouse. Mr. Escovar met with the Supervising District Attorney and presented equities on our clients behalf. Mr. Escovar was able to persuade the prosecution to stipulate to the motions and to dismiss the offenses pursuant to Penal Code section 1382.

This is a great victory for our client and will better his opportunity remain in the United States to care for his family.

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.

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