Case Dismissed After Completion of Pre-Trial Diversion for a Misdemeanor Health and Safety Code section 11350 (“Possessing a Controlled Substance”) Offense!

Recently at the Bellflower Courthouse in Los Angeles County our client was charged with violating Health and Safety Code section 11350, Possessing a Controlled Substance, To Wit Cocaine. Our client is not a United States citizen and a conviction for an offense involving controlled substances would cause him immigration prejudice.

After review of the police reports in this matter, our office believed that we had a meritorious Penal Code section 1538.5 motion to suppress all evidence against the defendant based on the unlawful detention. The prosecution argued that it would oppose pre-trial diversion if we moved forward on litigating the Penal Code section 1538.5 motion. However, we filed the motion and although the motion was unsuccessful, we were able to argue to the court that our client remained eligible for pre-plea diversion.

Our client was ordered to complete the PC 1000 program and after one year, the offense was dismissed!

With this result, our client will no longer face immigration prejudice as a result of the charge! This is a great result!

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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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