Felony Domestic Violence Conviction - VACATED, CASE DISMISSED
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By
Steve Escovar
I successfully litigated another Penal Code section 1016.5 motion at the
Clara Shortridge Foltz Criminal Courts Building (aka CCB) in Los Angeles.
My client had been previously convicted of a violation of Penal Code section
245. He had also been originally charged with a violation of Penal Code
section 273.5. I was hired after he had pled no contest to the PC 245
charge. It had been several years since his conviction and probation had
already terminated and expired. The conviction was an impediment to his
immigration status adjustment. I did my initial investigation as to the
validity of the plea and I determined that the court file did not contain
sufficient evidence of a valid plea. I filed the motion, the judge and
the DA both agreed with the merits of the motion. The plea was vacated.
The DA then announced that he was unable to proceed with further prosecution,
so I moved to dismiss the entire case per Penal Code section 1382. The
motion was granted, case dismissed. My client and his family now have
a bright future together! Over twenty-five years of experience allows me to
see issues clearly and identify and prepare meritorious motion quickly.
