Motions to Vacate

California Criminal Appeals Representation for Immigrants and U.S. Citizens

Criminal convictions can result in devastating consequences for immigrants. Unfortunately, many criminal defense lawyers do not know enough about immigration law to prevent the most serious consequences, such as deportation.

Without knowledgeable representation, many immigrants plead guilty or no contest to a criminal charge, thinking they are getting a fair deal. Later, when the criminal conviction leads to exclusion from the U.S., loss of green card status, or a judgment of deportation, they often think there is nothing they can do.

There are legal options to prevent these consequences even after you are convicted of a crime that mandates exclusion or deportation. In many cases, we can file a motion to vacate your conviction or guilty plea.

At the Law Offices of Mark A. Davis, we represent people — immigrants and non-immigrants — in the L.A. area and throughout Southern California who have been arrested, charged, or convicted of a crime, and those who are facing ineligibility to enter the U.S., loss of their green cards, or deportation due to a criminal case. Before you give up and let yourself lose your immigrant status or be deported, we invite you to consider the possibility of a motion to vacate.

Contact our office by e-mail or by phone at (626) 440-0477 or toll-free at 1 (866) 4-MAD-LAW now to find out if a motion to vacate could help you.

A Los Angeles Post-Conviction Lawyer Who Understands Immigration Issues

The following are some of the options to obtain relief for a criminal conviction:

• File a motion to vacate (withdraw) a plea agreement
• File a writ of Coram Nobis (a motion stating that a fact essential to the case was never considered by the court)
• File a motion to reduce the conviction from a felony to a misdemeanor or a misdemeanor to an infraction
• Filing a motion to modify a sentence from greater than 365 days to 364 days in order to avoid the charge being considered an aggravated felony
• Seek expungement (removal from record) of the conviction

Criminal defense lawyer Mark A. Davis is a former prosecutor himself and has considerable experience in both criminal trials and post-conviction applications for relief. With his strong understanding of immigration law and criminal defense, he may be able to help you and prevent your deportation or exclusion from the U.S.

When you retain our firm, we will analyze the details of your case and look for reasons why the court should reopen the case. The most common reason is that the court failed to make clear to you the immigration consequences of a criminal conviction. California Penal Code Section 1016.5 requires that courts tell all defendants when they are entering a plea agreement that it may result in deportation or refusal of entry into the country.

If we are able to find an error, we will file a motion to vacate the conviction or plea bargain. If we are successful, your guilty plea will be withdrawn and the case will be reopened or dismissed. A successful motion to vacate could result in a new trial, a reduced sentence, probation, or a new plea agreement.

Get M.A.D. Get justice. Don't get deported. Call us now.

El abogado y el equipo entero hablan español | Attorney Mark A. Davis and our entire office staff is fluent in Spanish

Did you plead guilty without realizing it meant you would be deported? Contact our office by e-mail or by phone at (626) 440-0477 or toll-free at 1 (866) 4-MAD-LAW to speak with criminal defense lawyer Mark A. Davis.