Post-Conviction Relief! Health and Safety Code section 11350(a) Possession of a Controlled Substance (To Wit Cocaine) Offense Vacated Per Penal Code § 1473.7 Motion and Dismissed Pursuant to Penal Code section 1385!

Recently, in Los Angeles County at the Airport 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 2008 Health and Safety Code section 11350(a) conviction for possession of a controlled substance, to wit cocaine.

At the time that our client hired our office he had his Lawful Permanent Resident status and was facing removal from the United States based on his controlled substance conviction.

Prior to hiring our office our client had reduced his offense to a misdemeanor pursuant to Penal Code section 1170.18(f) (“Proposition 47”) and his sentenced was reduced to 365 days of county jail. However, even with this relief the conviction continued to cause our client immigration prejudice because of the controlled substance nature of the charge.

According to the documents still available relating to the plea, our client was advised via a waiver form that the conviction will cause deportation, exclusion from admission, and denial of naturalization. However, in our Penal Code section 1473.7 motion we argued that despite being advised that immigration consequences will result, our client failed to meaningfully defend against these charges because he was unaware that the consequences would be relieved by eliminating any reference to the specific controlled substance.

At the hearing on the motion, and after negotiation with the prosecution, they agreed to submit on the motion and dismiss the charges pursuant to Penal Code section 1385, in the interests of justice.

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