Post-Conviction Relief! Penal Code section 550(b)(1) “Presenting a Fraudulent Claim” Felony Offense Vacated Per Penal Code § 1473.7 Motion and Charge Completely Dismissed Pursuant to Penal Code section 1382!

Recently, in Los Angeles County at the Norwalk 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 1999 Penal Code section 550(b)(1) “Presenting a Fraudulent Claim” conviction.

According to our client’s immigration attorney, the Penal Code section 550(b)(1) offense was considered a crime involving moral turpitude and an aggravated felony for federal immigration purposes. Our client was subject to deportation and not eligible for a waiver from deportation because of this conviction.

Our client hired our office to attempt to seek post-conviction relief on his behalf. According to the plea waiver form in this matter, out client was advised at the time of his plea that the conviction “may” have immigration consequences such as deportation. We argued in our Penal Code section 1473.7 motion that our client should have been advised that his plea to Penal Code section 550(b)(1) would be considered a crime involving moral turpitude and aggravated felony and, thus, his plea would result in deportation, denial of naturalization, and exclusion from admission.

At the hearing on the motion, the court granted the motion and the prosecution requested the case be continued to allow their office time to see if they could proceed with litigating the charges alleged against our client. At the next hearing, the prosecution announced they were unable to proceed and the charge was dismissed pursuant to Penal Code section 1382.

We can help you now! Call now for a free telephonic consultation at 626.577.7700!

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.

Categories: