GAINESVILLE, GA –Defendant was arrested and charged with Possession for Sale of Cocaine (Health and Safety code §11351) in Los Angeles, California, in 1991. He received a short jail sentence and probation. However, he was a legal permanent resident, not an U.S. Citizen, when he was convicted. He had since relocated to Georgia, raised a family and now, many years later, desired to become a U.S. Citizen. Furthermore, having a possession for sale conviction made him deportable.
Mr. Khojayan prepared and filed a motion to vacate the client’s conviction by arguing that if the defendant was properly counseled, he would not have pled guilty. Mr. Khojayan also argued that the previous attorney should have sought an alternative plea that would not have such serious consequences. Defendant’s previous counsel should have attempted to secure a plea to a possession of a personal use amount possession or to accessory after the fact, both of which would have been substantially more favorable in terms of immigration consequences. The judge agreed and vacated the defendant’s conviction and the district attorney dismissed the case entirely. Now, without a conviction on his record, the defendant can apply for his citizenship and live without fear of deportation.
