Post-Conviction Relief Obtained for Client Convicted of a Health and Safety Code § 11550(a), “Under the Influence of a Controlled Substance” Offense! Charged Vacated and Completely Dismissed!

Our client was convicted in 1996 of violating Health and Safety Code section 11550(a), “Under the Influence of a Controlled Substance.” Our client hired our office to seek post-conviction relief on his behalf given that he was not a United States citizen and this conviction was causing him immigration consequences.

After obtaining and reviewing the court file in this matter it was clear that there was not a sufficient record maintained by the court to show that our client was provided the mandatory immigration admonition pursuant to Penal Code section 1016.5 at the time of his plea, as required. Therefore, our office filed a motion to withdraw the plea pursuant to Penal Code section 1016.5.

At the hearing on the motion, the prosecution agreed to submit on our motion and dismiss the offense pursuant to Penal Code section 1385, “In the Interests of Justice.”

This is a great result for our client that will allow him to continue forward with his immigration matter!

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