Wrong Person – Identity Issue! Client in Immigration Detention. Incorrect Conviction Attributed to His Criminal Record! Motion to Verify Identity and Correct Record Granted!

Recently, in Los Angeles County at the Torrance Courthouse our office successfully litigated a motion to verify identity and correct the record. We had previously successfully litigated a motion to verify identity and correct the record for another conviction that had inadvertently been applied to our client’s record from the Clara Shortridge Foltz Courthouse.

Our client is currently being detained in federal immigration detention pending removal out of the United States. As a basis for his removal, our client’s federal criminal record contained a conviction in which he was not the true defendant convicted of the crime. Our client hired our office to verify with the court that he is not the correct defendant associated with the conviction and to correct the record in order to assist him with his immigration matter.

When we began our investigation into this case, the only documentation that we had was an FBI criminal history record indicating that this conviction was on our client’s criminal history record. Our client informed us that the conviction was not his. However, in order to file and be successful with a motion to prove identity, we needed documentation that showed that our client was not the true defendant in the case.

In order to obtain the required documents, we began by sending out a request for a copy of the case file from the trial attorney for the underlying matter. The trial attorney informed our office that he was no longer with the same firm that held the files and the firm had since dissolved. We then requested the case file from the prosecutor and explained that we were looking for a booking photo or some other documentation showing the identity of the defendant in the case. The prosecutor mailed our office pictures of the booking photos for the defendant. Based on the fact that our client is in immigration detention and cannot be released for the hearing, we had our client’s family send us photos of our client to show that he was not the same person as the defendant in the booking photos. Based on these photos, we filed the motion for hearing.

At the hearing, the court agreed that our client and the defendant in the booking photos are not the same person and granted our motion!

Our client can now take this proof and use it in his immigration removal proceedings to show that the conviction in this matter is not his!

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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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