Creative Post Conviction Relief Result - Penal Code Section 17(d) Reduction
|
By
Steve Escovar
An immigration attorney referred me a client to see if I could vacate one
of his two misdemeanor convictions. Apparently, my client was present
in the United States based on a Temporary Protected Status (TPS). You
cannot have two misdemeanor convictions without losing your TPS. Vacating
a conviction is very difficult, yet, we often succeed. Our focus in representing
clients in Post Conviction Relief is to find a solution that allows them
to remain lawfully in the United States or successfully adjust their status.
Having that in mind, I proposed simply reducing the misdemeanor for driving
with a suspended license to an infraction. The immigration attorney said,
"that will work". At the West Covina Superior Courthouse, I
filed a Penal Code section 17(d) motion to reduce a misdemeanor to an
infraction. The judge granted the motion and my client was able to maintain
his TPS status. There is nothing better than executing creative solutions!
