Three Post-Conviction Motions GRANTED at Clara Shortridge Foltz Courthouse for Our Clients!

Recently, in Los Angeles County at the Clara Shortridge Foltz Courthouse attorney Steve Escovar successfully litigated multiple post-conviction motions for three of our clients!

For our first client, we filed a Penal Code section 1473.7 motion arguing that our client failed to meaningfully understand the immigration consequences of his 2004 conviction for violating Penal Code section 273.5(a). Our office was able to negotiate with the prosecution to submit on our motion to vacate the plea and to allow our client to re-plea to Penal Code section 243(a). Our client is in the process of consular processing and needed an immigration-safe alternative plea to his domestic violence conviction in order to obtain status in the United States. This re-negotiated plea will allow our client to move forward with adjusting status.

Mr. Escovar also successfully litigated a motion to reduce another one of our client’s Penal Code section 32, accessory after the fact – holding cocaine for another individual, felony offense to a misdemeanor pursuant to Penal Code section 17(b). Our client had completed Proposition 36 as a condition of his sentence and the case was dismissed pursuant to Penal Code section 1210.1. However, our client was advised by his immigration attorney that the offense needed to be reduced to a misdemeanor for immigration purposes. Our client is actively involved in community service and is deserving of the relief obtained. The court granted the motion and reduced the offense.

Finally, Mr. Escovar litigated a motion to vacate a plea pursuant to Penal Code section 1473.7 for a client charged in 1994 for violating Penal Code section 472. Our client had pled at his arraignment and failed to understand the immigration consequences this conviction would cause him. Our client was informed by his immigration attorney that he would need to vacate the plea and re-negotiate to an immigration neutral offense. Mr. Escovar was able to negotiate with the prosecution and they submitted on the motion and allowed our client to re-plea to an immigration neutral offense.

This was a very successful day for our office and we are proud to be able to assist our clients with achieving life changing results!

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.

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