Post-Conviction Relief! Health and Safety Code section 11357(b) Controlled Substance Offense Vacated Per Penal Code § 1473.7 Motion and Dismissed Pursuant to Penal Code section 1385!

Recently, in Los Angeles County at the San Fernando 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 1997 controlled substance conviction.

In 1997 our client was originally convicted of a felony Health and Safety Code section 11366 offense. Our client later discovered that this offense would cause him immigration consequences and he sought post-conviction relief. Our client hired other defense counsel that was able to reduce the offense to a misdemeanor. Unfortunately, this relief was not sufficient for federal immigration purposes and our client had to hire additional defense counsel to litigate further post-conviction relief. This counsel was able to negotiate to withdraw the former plea and re-negotiate to a Health and Safety Code section 11357(b) offense as an infraction.

When our client hired our office, he was in removal proceedings and the infraction offense continued to cause him immigration prejudice.

After investigating the case and obtaining the file from his original trial counsel, it was clear that our client had a minimal role in the underlying offense. After discussing this matter with the prosecution, they agreed to the minimal role and the strong equities in our client’s favor and agreed to submit on the Penal Code section 1473.7 motion to vacate the plea.

At the hearing on the motion, the court granted the motion and the offense was dismissed pursuant to Penal Code section 1385. With this result, our client will no longer suffer federal immigration prejudice as a result of this offense.

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