At the Inglewood Courthouse of the Los Angeles County Superior Court, Mr. Escovar litigated a Penal Code section 1473.7(a)(1) motion for a "possession of a controlled substance" charge. The client did not need to appear in court because the matter is post-conviction and the statute allows for the hearing to move forward without the client when there is “Good Cause”.
In this particular case there was no objection by the prosecution or the court so our client’s physical presence or absence was not an issue. Furthermore, the DA read the motion and asked about our client’s criminal history. Since we like to be prepare we had previously asked our client to obtain his California Department of Justice Criminal History in anticipation that a DA would ask us about his history. Having a recent DOJ print out helped establish our preparedness and credibility. The DA then had no objection to the motion. The Commissioner took the bench and informed the parties that she had read the motion and proceeded to grant the Motion to Vacate and subsequently dismiss the case per Penal Code section 1385. Now, the case is completely vacated and dismissed, we will now recommend to the client to seal the arrest per Penal Code section 851.91.
Another great result for our client!
