Post-Conviction Relief! Penal Code § 647(b) “Prostitution” Misdemeanor Offense Vacated Per Penal Code § 1473.7 Motion and Charge Renegotiated to an Infraction Immigration Neutral Plea!

Recently, in Los Angeles County at the Alhambra 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 her 2002 Penal Code § 647(b) “Prostitution” offense.

After requesting the court file and other documents from the court, our office learned that the court file had been destroyed and the transcript of the plea was no longer available for this matter. According to the docket for our client’s case, it was purported that at the time of our client’s plea she was advised that her plea “will” result in adverse immigration consequences.

Our client was suffering adverse immigration consequences because of this offense and was unable to naturalize as a United States citizen. We believed that based on docket, we had a strong motion to withdraw her plea pursuant to Penal Code section 1473.7. In our motion, we argued that the advisement provided to our client failed to accurately advise her of the certain and permanent immigration consequences of her conviction. Our client was not advised that her conviction to an offense involving prostitution would result in her permanent inadmissibility to the United States.

Prior to the hearing on the motion, attorney Steve Escovar, met with the deputy-in-charge to discuss the motion and our client’s strong equities. The prosecution was willing to submit on our motion and allow our client to re-plea if she had no subsequent convictions. After discussing our client’s criminal history with her, we were informed that she had a conviction in 2013 relating to similar conduct. Mr. Escovar then updated the prosecution with this updated information and strenuously negotiated her equities again. The prosecution agreed to submit on the motion and allow our client to plea to a Penal Code section 415, “Disturbing the Peace” offense.

At the hearing on the motion, the court granted the motion on the papers, prior to being informed that the parties had had reached a resolution of the matter, and vacated the offense. The prosecution then agreed to allow our client to re-plea to an infraction disturbing the peace offense!

This is a great result for our client and she will no longer suffer adverse immigration consequences as a result of her 2002 pleas!

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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