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.

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