Post-Conviction Relief! Health and Safety Code section 11350 “Possession of a Controlled Substance” Offense Vacated Per Penal Code § 1473.7 Motion and Charge Completely Dismissed Pursuant to Penal Code section 1382!

Recently, in Los Angeles County at the Compton 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 1999 Health and Safety Code section 11350 “Possession of a Controlled Substance” conviction.

Our client hired our office to attempt to seek post-conviction relief on his behalf. Our client voluntarily departed the United States in 1999 after sustaining this conviction and has resided in Mexico since that time. Our client was attempting to consular process in Mexico but has been unable to enter the United States since 1999 because of this conviction.

After first hiring our office, we requested the court file and other documents pertaining to our client’s plea. According to the court docket for this matter, which is the only document still in existence relating to the plea, a bench warrant had been issued for our client after he had failed to appear at a progress report date. Our office began our litigation by requesting that the bench warrant be recalled and we were able to successfully litigate a motion to reduce the charge to a misdemeanor pursuant to Proposition 47 and terminate probation early pursuant to Penal Code section 1203.3 without the client’s presence.

We then filed a motion to vacate the conviction pursuant to Penal Code section 1473.7 arguing that the advisement provided to our client at the time of the plea that the conviction “may” cause immigration consequences was inaccurate and failed to accurately advise our client of the true and certain adverse immigration consequences.

At the first hearing on the motion, the prosecution objected to the motion on the grounds that they believed that the court lacked jurisdiction to hear the motion and argued that the advisement provided to our client at the time of his plea was sufficient. Over opposition from the prosecution, the court granted the motion to vacate and the prosecution announced that they were unable to proceed with the underlying charges.

This is an amazing result for our client and will help him move one step closer to being admissible to the United States.

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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