Recently, at the San Fernando Courthouse in Los Angeles County, I obtained a dismissal on behalf of my client for his 1995 Penal Code section 245(a)(Assault with a Deadly Weapon) conviction.
Prior to hiring our office, our client had previously hired private defense counsel to litigate post-conviction relief on his behalf. According to the docket and reporter’s transcripts of the proceedings, we were able to determine that our client’s previous counsel had filed and argued a Petition for Writ of Habeas Corpus and Coram Nobis motions in an attempt to vacate our client’s conviction. These prior motions were denied by the court.
Our office was able to obtain the transcript of the plea in this matter. After reviewing the transcript of the plea and other available documents, it was clear that our client was not provided the admonishment required under Penal Code section 1016.5. Therefore, our office filed a Motion to Withdraw the plea pursuant to Penal Code section 1016.5.
At the first hearing on the motion, the prosecution vehemently opposed our motion given the previous post-conviction litigation in the matter and the seriousness of the charges. In response to this opposition, our office filed a written supplement addressing the prosecution’s concerns. After reading our written response, the prosecution supported our motion.
At the final hearing on the motion, the judge indicated that he would deny the motion, but based on the prosecution’s support, the judge granted the motion.
This conviction was causing our client serious immigration consequences and he had been attempting to vacate the conviction since 2005. Based on our zealous advocacy and determination, we were able to obtain the result our client needed!
DISCLAIMER:
The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.