Previously, at the Clara Shortridge Foltz Courthouse in Los Angeles County, I was able to successfully vacate my client’s 1995 Penal Code section 211, “Robbery,” felony conviction, with an enhancement pursuant to Penal Code section 12022(a)(1). However, after I successfully vacated the plea, the prosecution expressed a desire to move forward on re-prosecuting my client for the underlying charges.
Given that the underlying charges and alleged conduct occurred over twenty-four (24) years ago, the prosecution needed time to attempt to gather the discovery for the matter and attempt to make contact with witnesses and alleged victims. We put the matter over as a pre-trial date.
In the interim, we requested that our client gather equitable documentation to show his rehabilitated character and what he has been doing since the alleged underlying offense in an attempt to negotiate with the prosecution. Our client gathered over thirty (30) letters of recommendation describing his success and rehabilitation. In fact, our client is successful in the marketing field, has three children, owns a home, volunteers and donates regularly and is regarded as a law abiding and hardworking person. We presented this documentation to the prosecution and met with the head deputy in an attempt to resolve the matter for an immigration neutral plea.
After meeting with the prosecution and zealously advocating for our client, we were able to negotiate a plea to Penal Code section 32 offense with a sentence of 179 days, credit for time served. We consulted with our client’s immigration attorney and confirmed that this re-negotiated offense would resolve his immigration prejudice.
This is an amazing result for our client that will bring him one step closer to realizing him immigration goals!
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.