Post-Conviction Relief Obtained for Client Convicted of violating Health and Safety Code § 11378, “Possession of Methamphetamine for Sale”. Charged, Vacated and Completely Dismissed!

Our client was convicted in San Luis Obispo County in 2006 for violating Health and Safety Code section 11378, “Possession of Methamphetamine for Sale.” Due to the fact that he was a non-citizen of the United States and was facing immigration repercussions as a result of this conviction, the client retained our office to seek post-conviction relief on his behalf.

After acquiring and examining the court file and other documents, it became evident that he did not receive the required immigration consequence advice pursuant to Penal Code section 1016.5 at the time of his plea. Therefore, our office filed a motion to withdraw the plea pursuant to Penal Code section 1473.7 because he did not meaningfully understand the immigration consequences of his plea.

The prosecution agreed with our motion and the judge vacated the guilty plea and dismissed the charges against our client, per Penal Code section 1385.

This is a fantastic outcome for our client, enabling him to move forward with adjusting his immigration status!