Tooby's California Post-Conviction Relief for Immigrants

The best situation is one in which the client needs to attack only one conviction or sentence.  It is frequently possible to obtain post-conviction relief, even if the client has several convictions, provided they were all received during one plea proceeding, since there is still only one plea proceeding that must be set aside.

            It is much worse if the client suffered multiple convictions in different cases or courts with pleas entered on different occasions, since more than one plea-bargain must be set aside.  If the chances of vacating one plea are 1/10, the chances of vacating two independent pleas are 1/10 x 1/10 = 1/100, and the chances of vacating three are 1/1000.

            It is somewhat easier if there is an easier solution for one or more of the convictions.  For example, it may be possible to avoid immigration damage if one of the convictions is insignificant and can be vacated and dismissed for that reason alone (despite the client’s other record).  The immigration consequences of another conviction can perhaps be eliminated by an easier form of post-conviction relief, such as expungement or a motion to reduce a felony to a misdemeanor.  Then, only one conviction remains, against which a full-scale assault must be mounted.  That case might be only slightly more difficult than if only one conviction must be set aside.