Our office was recently retained to recall a arrest warrant on a 2010 case charging our client with violating Health and Safety Code section 11377(a), “Possession of a Controlled Substance, to Wit Methamphetamine,” and Health and Safety Code section 11364, “Possession of Drug Paraphernalia, to Wit an Opium Pipe.” Our client had failed to appear at the arraignment for this matter and a notify letter was mailed to his address informing him of the charges and instructing him to appear in court.
According to our client, he had appeared at the courthouse twice shortly after his contact with law enforcement to determine whether charges had been filed against him and was under the mistaken impression that the case was not filed. Our client was unaware that he had a warrant for his arrest until he consulted with immigration counsel to begin the process adjusting his status. After his immigration counsel determined he had a warrant for his arrest in this matter, he retained our office to assist with his defense.
At the initial appearance, we were able to recall the arrest warrant. The prosecution wanted time to try to gather their file for the case so we put the matter over. However, we made an oral request for the possession of methamphetamine charge to be reduced to a misdemeanor pursuant to Proposition 47, which had been enacted in the interim.
At the next court hearing, given the age of the case and our client’s lack of criminal history since this alleged offense, we were able to negotiate for a dismissal if our client provided his DNA to the prosecution. Our client agreed and we were able to have the case completely dismissed.
The offense charged posed a large barrier to our client proceeding with adjusting his status. Thus, this is a great result that will place our client in a better position to seek immigration relief!
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