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Charged with Both DUI and Another Crime? Dismissal of “The Other Crime” Under Diversion

May 17, 2025

California law provides three court-authorized pathways to seek dismissal of a criminal charge through diversion: However, due to controlling case law, diversion is not permitted for DUI offenses unless the defendant qualifies for military diversion under Penal Code § 1001.80. This means that most DUI charges are categorically ineligible for dismissal through judicial or mental health diversion programs. So what happens when you’re charged with DUI and an additional offense in Los Angeles or elsewhere in California—such as drug possession, or gun possession, and you qualify for diversion on the non-DUI charge? Here, Los Angeles DUI Attorney Alex Andryuschenko explains your legal options and how courts handle these situations, especially when one charge may be eligible for diversion while the […]

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Plea Vacating Penal Code 1473.7 – Recent Changes (Kuzmichey)

December 10, 2024

Understanding California Penal Code 1473.7 and Its Impact on Immigration Consequences: Insights from a Los Angeles Criminal Defense Attorney California Penal Code 1473.7 offers a lifeline for noncitizens who face immigration consequences due to prior criminal convictions or guilty pleas. This crucial statute allows individuals to challenge their convictions if they were not properly informed about the immigration consequences of their plea. As a Criminal Defense Attorney in Los Angeles, I’ve helped many clients navigate these complex post-conviction relief proceedings to protect their immigration status. However, recent rulings, such as in People v. Kuzmichey, highlight how misunderstandings about the law can unfairly deny individuals the relief they deserve. This blog explores the issue and what it means for those seeking […]

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