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Withdrawal of Plea for Immigration
Orange County California Criminal Defense Attorneys: PC 1016.5
In California, immigrants facing criminal charges have a significant risk: deportation. A conviction, particularly after pleading guilty, can result in being removed from the country, even if the crime wasn’t serious. California’s Penal Code §1016.5 provides a vital safeguard for immigrants. It allows them to withdraw a guilty plea if they were not informed of the immigration consequences at the time of the plea.
If you or a loved one is facing potential deportation due to a past guilty plea, you may have the legal right to challenge your conviction. As criminal defense attorneys, we can help you withdraw that plea. Thus, you will potentially avoid the devastating consequences of deportation.
1016.5 Lawyer Orange County California
Under California Penal Code §1016.5, the court is required to inform immigrants of the potential immigration consequences, including deportation, before they enter a guilty plea. If you weren’t properly informed about the risk of deportation, you may have grounds to withdraw and replace your guilty plea.
The law states that if you were not informed of the immigration consequences of your plea, you have the right to request a withdrawal. Once your plea is withdrawn, you may have the opportunity to renegotiate a plea agreement. This agreement avoids deportation and reduces the penalties you face.
However, the process to withdraw a plea must be done in a timely manner. Thus, it is crucial to consult with an experienced 1016.5 lawyer as soon as possible to understand your options.
Motion to Withdraw Plea California Defense Attorney
Criminal defense attorneys play a critical role in the motion to withdraw a plea in California for those facing deportation. The Law Office of Ronald G. Brower specializes in defending individuals who have been affected by the threefold impact of criminal convictions and immigration issues. Here’s why having a criminal defense attorney is essential in these cases:
- Assessing Your Plea and Case: Our team conducts a detailed review of your case to determine if the guilty plea was entered without full knowledge of the immigration consequences. In many cases, the failure to inform immigrants of deportation risks can form the basis for a successful withdrawal of the plea.
- Filing the Necessary Motion: We file the appropriate legal motions to request the withdrawal of your guilty plea. We demonstrate that you were not properly advised about the immigration consequences. Our experience with criminal defense and immigration law means that we know how to approach this challenge strategically.
- Renegotiating Your Plea: After your plea is withdrawn, our attorneys will help renegotiate your case to avoid the severe consequences of deportation. This could mean working to reduce charges, seek a more favorable plea deal, or have your case dismissed altogether.
- Protecting Your Immigration Status: If you’re facing potential deportation because of a previous criminal conviction, our primary goal is to protect your ability to stay in the U.S. We work to ensure that your immigration status is safeguarded, preventing the permanent damage that a criminal conviction can cause.
Immigration Lawyer Los Angeles: Experts in Withdrawal of Plea Cases
At The Law Office of Ronald G. Brower, we specialize in criminal defense for immigrants facing the risk of deportation. If you were not informed of the immigration consequences before entering a guilty plea, we can help you withdraw that plea and work to avoid deportation.
We understand the complexities of both criminal law and immigration law and how they intersect. Our experience means we are uniquely equipped to help immigrants with the legal system and secure a better outcome. Let our immigration lawyers in Los Angeles help you protect your rights and defend your future.