Criminal Defense Of Immigrants
Serving Long Beach, Torrance, Los Angeles, Inglewood, Whittier, Compton, Norwalk and all of Orange County
Being charged with a crime is a stressful time and choosing a criminal defense attorney is an important decision, more importantly so if you are not a citizen. A criminal conviction can have serious collateral immigration consequences for an individual who is not a U.S. citizen. Here at The Vittoria Firm, we practice both immigration and criminal defense. We listen carefully to your story and give you an honest opinion on your case. We know that each case is unique which makes each defense strategy unique. Call us at 562.432.6227 to schedule a consultation.
We represent individuals charged with:
- Drug charges
- Domestic Violence
- Sex Offenses
- Vandalism/Disturbing the peace
- Warrant recalls
If you are facing a criminal charge as a non-citizen, we will analyze the charges, determine what immigration consequences of pleading to such charges will result, and will try to negotiate a different plea with the DA that will have lesser or no immigration consequences.
Post Conviction Relief.
The Vittoria Firm helps legal residents or those seeking legal residence in the future with motions to vacate convictions, or petitions to reduce felonies to misdemeanors in the court where the criminal conviction occurred.
If you are facing deportation because of a criminal conviction and we are successful in vacating the conviction you may no longer be subject to removal or deportation. If this is the case we will file a motion to terminate your case with the immigration court. On the other hand vacating or reducing a conviction may be beneficial to you if you are applying for permanent residence based, for example, on a family petition because the post-conviction relief may eliminate your ground of inadmissibility.
Motion To Vacate Conviction Pursuant To Penal Code Section 1473.7
As of January 1, 2017 in California you can bring a motion in the criminal court to vacate your criminal conviction if you believe that your criminal defense attorney did not advise you of the immigration consequences of pleading guilty to a particular plea or sentence or gave you inaccurate advice.
Motion To Vacate Conviction Under Penal Code 1016.5
In California, the law requires that before you enter your plea the court must give you a general advisement of the deportation consequences of your guilty plea. If the record of conviction does not show that the advisal was given, there is a presumption that the advisal was not given and the DA has the burden of proving that the court gave you the advice. If the D.A. cannot meet its burden the court must vacate the conviction.
Motion To Reduce A Felony To A Misdemeanor Under Penal Code Section 17(B).
To be eligible for a reduction to a misdemeanor the felony must be a “wobbler”, that is, it is an offense that can be charged either as a misdemeanor or a felony. This remedy is discretionary and you must present proof that you have rehabilitated.
Certificate Of Rehabilitation And Governor’s Pardon
A certificate of rehabilitation is a form of post-conviction relief where the judge finds that the applicant has rehabilitated and it is an automatic application for a governor’s pardon. A governor’s pardon eliminates the deportation consequences of a conviction for an aggravated felony or a crime of moral turpitude. However, it does not eliminate the immigration consequences of a drug conviction (crime related to a controlled substance violation).
Motions To Vacate Pursuant To Penal Code Section 1203.43.
If you pleaded guilty to a drug charge and were placed on deferred entry of judgment, even if you successfully completed the program, you are still subject to deportation. This California statute, enacted in January 2016, eliminates the immigration consequences of your drug conviction. A motion to vacate pursuant to penal code section 1203.43 must be filed with the court.
Call the Vittoria Firm today for your criminal defense and immigration needs.