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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