Post-Conviction Relief! Health and Safety Code section 11550 Misdemeanor Offense Vacated and Re-Pled to Immigration Safe Plea Pursuant to Penal Code section 1473.7!

Recently, in Los Angeles County at the Airport Courthouse our office successfully litigated the fifth post-conviction motion for our client! When our client hired our office, he had five separate convictions that were causing him immigration consequences. This case was the final post-conviction motion that we litigated for our client and we were able to win all five motions!

This case involved our client’s 1990 guilty plea to a violation of Health and Safety Code section 11550, a misdemeanor. Our client was suffering immigration consequences as a result of this controlled substance offense and hired our office to attempt to seek post-conviction relief.

After requesting the available documents for this matter, we determined that the only record of the conviction currently available for the plea was the court’s docket. According to this docket, our client was advised that his conviction may cause him adverse immigration consequences. However, we argued in our Penal Code section 1473.7 motion that our client should have been advised that this conviction WILL cause him mandatory immigration prejudice. As a non-citizen, our client should have been advised that a plea to a controlled substance offense would cause his deportation, denial of naturalization, and exclusion from admission.

Along with our motion, we provided the prosecution with an equities package detailing our client’s strong work history and his ties to the United States. We also submitted documentation from his immigration attorney that detailed the prejudice that this conviction was causing to our client.

After reviewing the motion, the prosecution contacted our office and stated that they would be willing to submit on the motion and the defendant re-pleading to an immigration safe conviction.

At the hearing on the motion, the conviction as vacated pursuant to Penal Code section 1473.7 and our client entered a plea to Penal Code section 647(f), an immigration safe plea.

This is an excellent result for our client and he can now seek to better his immigration status!

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

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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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