Dismissal Attorney in Indio
Effective Counsel throughout the Palm Desert
Section 1000 et seq. of the Penal Code provides that if a defendant performs satisfactorily during the Deferred Entry of Judgment (DEJ) period, the charges are dismissed, the guilty plea is not a conviction “for any purpose,” and no denial of employment, certificate, or benefits may flow from the incident. Unfortunately, this is not true for noncitizen defendants, which is why it's important to get help from an experienced Indio dismissal lawyer. At the Law Offices of Anastacio De La Cruz, we are on your side.
Federal immigration law employs its own definition of a “conviction.” When a defendant pleads guilty and suffers some penalty or restraint, such as a court fine, even a successfully completed DEJ is a very damaging drug “conviction” for immigration purposes. All noncitizens, including long-time lawful permanent residents, become deportable, inadmissible, and subject to mandatory detention without bond, based on the disposition.
Thousands of noncitizens already have been deported based on a successfully completed DEJ, and thousands more are at current risk of deportation. Fortunately, California Legislature addressed this through Penal Code Section 1203.43.
If you pleaded guilty or nolo contender based on a promise that the court made related to the completion of a drug rehabilitation program, it is important that you hire an attorney experienced in post conviction relief to help determine whether filing a motion to dismiss under Penal Code Section 1203.43 might be appropriate.
True Example of Dismissal
In February of 2016, just a month after Penal Code Section 1203.43 was enacted, Mr. Pink found himself in immigration custody, due in part to a 10-year-old conviction. Mr. Pink pleaded guilty and took advantage of a drug diversion program which he completed successfully. While this offense had been dismissed for state purposes, the federal government (immigration) still deemed this as a conviction.
Mr. De La Cruz was able to draft a motion which effectively explained the law and the purpose behind the brand new legislation. By keeping up with the ever-evolving law, Mr. De La Cruz was able to help get Mr. Pink out of immigration custody and back with his family.
Find out how we can help you. Call (760) 610-0606 now.
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