Post-Conviction Relief! Penal Code section 487(c) Grand Theft Offense Vacated Per Penal Code § 1473.7 Motion and Dismissed in the Interests of Justice!

Recently, in Los Angeles County at the Torrance 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 1996 Penal Code section 487(c) conviction.

Our client had been advised by immigration counsel that he was subject to removal proceedings based on this conviction. In fact, our client was not eligible for the Petty Offense Exception because of his Penal Code section 487(c) offense. Our client was also advised not to travel outside of the United States because he will be inadmissible in the United States for having committed a crime involving moral turpitude.

Our client hired our office to seek post-conviction relief on his behalf. After investigating the case, we determined that the only record of the conviction available was the docket for this matter. According to the docket, our client was provided the Penal Code section 1016.5 advisement; however, we argued that our client was only advised that the conviction “may result” in immigration consequences when, in fact, it would. We argued that failing to advise our client of the certainty of the immigration consequences led our client to fail to meaningfully and knowingly defend against those consequences.

With the motion, we provided the prosecution with an equities package detailing that our client was young at the time of the offense, served in the United States Marines Corps, and owns his own business.

At the hearing on the motion, the prosecution was moved by the equities in our client’s favor and submitted on our written motion. The court then granted our motion and the prosecution moved to dismiss the charge in the interests of justice pursuant to Penal Code section 1385!

With this result, our client should no longer face potential removal proceedings!

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