Motion to Vacate/Dismiss my Client's July 25, 1988 drug conviction on the basis that when he plead guilty on July 25, 1988, he did so without the legally required advisals that doing so would have negative immigration consequences such as denial of naturalization, denial of re-entry into the United States, and deportation from this country.*
Penal Code 1016.5
Motion to Vacate client's July 25, 1988 drug convictions GRANTED (Compton Courthouse).
The court in Norwalk issued a No Bail felony bench warrant for client on August 6, 2015. On August 8, 2016, I went to court with client and got the felony bench warrant quashed. The court set the case for a Probation Violation Hearing on September 22, 2016 for failure to report to the Probation Department for three years. The Probation Department recommended 60 days county jail and continued felony probation until February 8, 2018. Once I pointed out that the Probation Department was WRONG about when Probation started (they said October 30, 2012, when it really was February 16, 2012), the court agreed that they had no power to punish client for his failure to report to probation and had to dismiss the Probation Violation, give my client no jail, and close the case permanently for lack of jurisdiction!"
Client plead to a felony marijuana charge on July 16, 2013 for transporting "8 to 10 **pounds** of marijuana. I worked out a deal whereby he would get a ZERO DAYS OF JAIL sentence upfront and could get the charge reduced to a misdemeanor in three years if he did community service, paid court fees, and stayed out of trouble. Client did all of the community service, but didn't complete his drug education program or pay his probation fees within the three yeas. A bench warrant issued and he was placed in custody on September 19, 2016 and represented by the Public Defender's Office that morning. The best deal they could negotiate for him was 30 days JAIL and a termination of probation after that with a felony left on his record. I came into court that same afternoon and negotiated a deal for ZERO DAYS OF JAIL with the judge, with my client to be immediately release that day from the Van Nuys courthouse lockup. The deal also meant that he could get the charge reduced from a felony down to a misdemeanor if he immediately paid his outstanding probation fees. He paid the fees, and four days later, on September 19, 2016, the court reduced his felony to a misdemeanor, kept the ZERO days of jail deal, and terminated probation as a misdemeanor.
Motion to Vacate/Dismiss my Client’s July 25, 1988 drug conviction on the basis that when he plead guilty on July 25, 1988, he did so without the legally required advisals that doing so would have negative immigration consequences such as denial of naturalization, denial of re-entry into the United States, and deportation from this country.*
MY RESULT: Client charged with vandalism of a Sheriff's Department jail telephone and drunk in public. Client arrested 4/28/18. Hired Mr. Labin 7/10/18. All charges dismissed 12/4/18.