Lawyer For Motions to Vacate for Immigration Purposes in Santa Ana

A Motion to Vacate is a legal filing that asks the judge to set aside or withdraw a plea of guilty or no contest. Successful Motions allow defendants to restart their cases at the arraignment process. This can be helpful for many people accused of a crime in California, and it is especially beneficial for non-citizens facing criminal charges.

If you would like to discuss you options for filing a Motion to Vacate, contact our law office in Santa Ana to schedule a free consultation.

Immigration and Motions to Vacate

Criminal convictions have the potential to devastate immigration status, leading to deportation and even inadmissibility for re-entry, citizenship, and permanent residence. If you or a family member has been accused of committing a deportable crime, you will need an experienced criminal defense attorney in Santa Ana to help you avoid immigration consequences. Deportable crimes include:

• Crimes of moral turpitude
• Drug offenses
• Domestic violence
• Gun crimes

A crime of moral turpitude is any criminal activity that involves dishonesty or depraved conduct, such as embezzlement, robbery, burglary, driving under the influence, aggravated assault, and murder.

Conviction can create significant upheaval for the individual convicted of the crime and their family members located in the United States and abroad. It is important for accused defendants to understand that even if they’ve pled guilty or no contest to a crime, they may be able to have that plea withdrawn or set aside by filing a Motion to Vacate, allowing them to begin the process again with a higher chance of a favorable outcome.

Motions to Vacate as Post-Conviction Relief in Santa Ana

Is a Motion to Vacate still an option if a guilty judgment has already been entered? In some cases, this is a possibility. A Motion to Vacate can also be used to request or initiate post-conviction relief after a defendant is found guilty of certain crimes. If your Motion is granted by a judge, your immigration status may be protected. Eliminating a conviction is only one aspect of avoiding deportation because when the judgment is vacated, your case will become open, not dismissed. This means that charges may be brought against you again.

Good Cause in Motions to Vacate for Immigration

Not every defendant is eligible for post-conviction relief through a Motion to Vacate, nor can every defendant request consideration for this after they’ve entered a plea. Good cause is required if you want a judge to grant your Motion. You must be able to show that your previous attorney failed to warn you of the impact a plea could have on your immigration status or that they did not defend you properly. You may also be able to file this Motion if you have new evidence that proves your innocence. Other scenarios in which you may be granted a Motion to Vacate include;

• You didn’t understand the consequences of entering a plea
• You were coerced, tricked, or forced to enter a plea
• You had no legal representation at the time you entered a plea

If your Motion is granted, your plea is removed, and the case can continue from arraignment as if the plea never occurred. If you are seeking post-conviction relief, a successful Motion to Vacate will allow your conviction to be reversed and the case to start over if the prosecutor chooses to pursue the charges against you.

In either of these scenarios, getting a Motion to Vacate granted in Santa Ana can have a considerable impact on your immigration status, even if just temporarily.

The Law Office of Sheny Gutierrez offers free consultations to immigrants facing criminal charges. Contact us to find out if you qualify for a Motion to Vacate in California.