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Trial Counsel Declaration for 1473.7
Here is a summary of some case law on this point: Some judges believe that a declaration of the attorney at the time of the plea, usually, the trial counsel, is needed to win a motion to withdraw the plea under PC 1473.7. This is incorrect. A party seeking relief under section 1473.7 is not required to provide a declaration of the pea counsel. (People v. Manznilla (2022) 80 Cal.App.5th 891). And from another case: A moving party is not required to provide the declaration of plea counsel in support of a Pen. Code, § 1473.7, motion to vacate a conviction. (People v. Lopez 83 Cal.App.5th 698). Los Angeles Post Conviction attorney in our office handled many cases without prior […]
What Works For Immigration: Post Conviction Relief Los Angeles in light of Pickering
Los Angeles Criminal Attorney explains what not to do in a motion to vacate a conviction.
Prolonged Detention: How to Dismiss Your Los Angeles DUI or Los Angeles Criminal Case using a motion under PC 1538.5
Here we explain how to dismiss criminal case or DUI based on long detention.
Bad Police Conduct in the US
Anyone who was pulled over or approached by police knows how terrifying it is to face a police investigation. In the context of a traffic stop, a routine encounter can turn into a DUI investigation that can result in the suspension of a driver’s license and jail. Less common for DUI investigations for police to walk into a home without a warrant to talk to a person based on a tip police received or some other evidence of a recent crime, such as a DUI in Los Angeles. Once police pull over a driver, we often hear that the police presume the driver is guilty of a DUI. Such a presumptuous approach by police can often result in a confrontation […]
Immigration advisement given but guilty plea reversed (PC 1473.7 vs. PC 1016.5)
On occasion, the judges view the presence of PC 1016.5 admonishment as a problem when you want to vacate your conviction. Here, we discuss vacating conviction for immigration purposes and to do so by filing a motion to withdraw the plea under PC 1473.7. If a judge takes a position that prior immigration advisement means that you will lose your motion, realize that this position is inaccurate and specifically discussed in Patterson, who was advised of PC 1016.5 and yet was allowed to proceed on a motion to withdraw the plea based on ineffective assistance of counsel (2 Cal 5th 885). Here are also specific PC 1473.7 case laws in which a plea form (or court advisement of deportation) was […]
Lee v. US: Avoid Deportation – Post Conviction Attorney Los Angeles
This is a 2017 case from the Supreme Court by Judge Roberts on the issue of prejudice. Judge Thomas and Alito dissented. (137 S.Ct.1958 (2017)). Here are relevant facts: Procedurally: “When … consequences… ( of going to trial and losing)… are similarly dire, even small change of success at trial may look attractive” “For Lee, deportation after some time in prison was not meaningfully different from deportation after somewhat less time; he says he accordingly would have rejected any plea leading to deportation in favor of throwing a “Hail Mary” at trial. “ What is interesting about Lee v. US case is that the court of appeal decided that Lee had no defense for his case (“not even a weak […]
Криминальные Дела о Домашнем Насилии
Если вас арестовали по обвинению в домашнем насилии, немедленно свяжитесь с адвокатом по домашнему насилию в Лос-Анджелесе. Мы поможем вам отстоять ваши права, сохранить “чистый рекорд” и выиграть дело. Звоните по (818) 921-7744 или же (323) 464-6424 , чтобы поговорить с русскоязычным адвокатом Лос-Анджелеса сейчас, чтобы получить бесплатную консультацию по вашему уголовному делу. Что происходит при аресте за домашнее насилие? Чтобы избежать всего вышеперечисленного – ВЫ ДОЛЖНЫ ЗАЩИТИТЬ СЕБЯ. И мы знаем, как это сделать. Наша адвокатская фирма специализируется на делах о домашнем насилии в Лос-Анжелесе, и занимается этим 20 лет. Дела о домашнем насилии в основном рассматриваются в соответствии с разделами 273.5 или 243(e)(1) Уголовного кодекса Калифорнии. При наличии серьезных травм прокурор может добавить специальное обвинение по статье Уголовного […]
Avoid Deportation: New Changes in Law and DA policy to Help Immigrants Clean Criminal Record
Drug cases often result in deportation for non-citizens because drug offenses are considered grounds for deportation under immigration law. This is true even for minor drug offenses, such as possession of a small amount of drugs for personal use. Los Angeles Criminal Defense Attorney can help you defend a drug case in Los Angeles or near counties so that you win your immigration case, and get a greencard or citizenship. Los Angeles Criminal Defense Attorney will try to negotiate a non-deportable offense if you are charged with any of drug cases in Los Angeles. This is so because, if a non-citizen is convicted of a drug offense, they may be arrested by ICE either immediately after serving their sentence or […]
Case Dismissal Los Angeles: Illegal Search through Patdown.
One of the ways your criminal attorney in Los Angeles can win your case is by filing a motion to suppress. A motion to suppress the evidence is a formal motion that is filed with the court. A motion to suppress is a request to have the court order suppress the evidence that the police are using to prosecute you. Within the evidence, the government case will fall apart and the prosecutor or the court will dismiss the case. Under recent case law, Defendant has a right to avoid contacting police and such conduct does not provide reasonable suspicion that “criminal activity is afoot”. People v. Flores, 320 Cal. Rptr. 3d 455 (Cal. 2024). The same case (People v. Flores) […]
Plea Withdrawal: Immigration Consequences Attorney Los Angeles
Withdraw Guilty Plea To Help Get Greencard