Post-Conviction Relief! Conviction to Robbery (Penal Code section 211) with Firearm Enhancement Previously Vacated Under Penal Code section 1016.5 Re-Negotiated to Immigration Neutral Charge

Previously, at the Clara Shortridge Foltz Courthouse in Los Angeles County, I was able to successfully vacate my client’s 1995 Penal Code section 211, “Robbery,” felony conviction, with an enhancement pursuant to Penal Code section 12022(a)(1). However, after I successfully vacated the plea, the prosecution expressed a desire to move forward on re-prosecuting my client for the underlying charges.

Given that the underlying charges and alleged conduct occurred over twenty-four (24) years ago, the prosecution needed time to attempt to gather the discovery for the matter and attempt to make contact with witnesses and alleged victims. We put the matter over as a pre-trial date.

In the interim, we requested that our client gather equitable documentation to show his rehabilitated character and what he has been doing since the alleged underlying offense in an attempt to negotiate with the prosecution. Our client gathered over thirty (30) letters of recommendation describing his success and rehabilitation. In fact, our client is successful in the marketing field, has three children, owns a home, volunteers and donates regularly and is regarded as a law abiding and hardworking person. We presented this documentation to the prosecution and met with the head deputy in an attempt to resolve the matter for an immigration neutral plea.

After meeting with the prosecution and zealously advocating for our client, we were able to negotiate a plea to Penal Code section 32 offense with a sentence of 179 days, credit for time served. We consulted with our client’s immigration attorney and confirmed that this re-negotiated offense would resolve his immigration prejudice.

This is an amazing result for our client that will bring him one step closer to realizing him immigration goals!


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