I need a criminal attorney who has specialized in post conviction relief in California.

Bankruptcy and Debt 11 views 5 answers
They were imvestigating my.criminal.record and am sure they saw my 288 (a) xharge. They busted me and held me for this felony right away. But what can i do to take care of it? Seems.im not eligible for any.relief. im quite.worried i may get deported . I been a legal peemanent resident for about 6 years. What may my options be to protect my status for good and not habe to worry aboit one day getting deported because of this felony?? Thanks so much.

Attorney Answers

5
Elliot Zarabi ·
If you were not advised of you immigration consequences (and I mean not just "this carries immigration consequences" but what may or may not happen) then you may be able to withdraw your plea. This would effectively open up your case again, but you would be able to plea to something different, possibly. If you have any questions, please feel free to give me a call. Elliot Zarabi www.zarabilaw.com 213-612-7720
0 upvotes
Chris J FeaselCriminal Defense Attorney ·
Because of the nature of your crime, you are NOT eligible for post conviction relief under PC 1203.4. I am sorry, but you will have to live with this for the foreseeable future.
0 upvotes
Vincent Ronald RossCriminal Defense AttorneySan Diego, CACA licensed ·
Many defendants enter pleas without knowing the actual immigration consequences. Expunging convictions,even if you are eligible under PC 1203.4, rarely fixes immigration consequences. Your conviction must be vacated as legally invalid. One type of post conviction relief that may be effective in your case would be an order vacating the conviction. You would also need the services of a knowlegeable immigration attorney to fight your case in immigration court. Common motions in criminal court would include a motion to withdraw your plea under PC 1018 within six months of your conviction, a non statutory motion to vacate or a habeas corpus petition. The legal basis for a motion to vacate might include A failure by your attorney to give correct immigration advice, a failure to adequately defend, a failure to mititgate or the court's failure to advise of the immigration consequences under Penal Code section 1016.5
0 upvotes
Brian Russell MichaelsCriminal Defense AttorneyLos Angeles, CA ·
288 is the one charge that is almost universally impossible to get off of your record. Yes you can re-open your plea if you are within the narrow time frame given to do so and have grounds but you would be exposed to the punishment all over again.
0 upvotes

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