Legal Blog

Spolin & Dukes Overturns Guilty Plea on Major Case, Saving Client from Deportation

Published on April 16, 2024

Spolin & Dukes P.C., a prominent law firm, is pleased to announce a major victory at the Pasadena Courthouse last Friday. Attorneys Aaron Spolin, Caitlin Dukes, and Erica Esquivel successfully litigated a Penal Code 1473.7 motion, overturning a guilty plea that had jeopardized the immigration status of a longstanding resident.

Attorney Erica Esquivel skillfully detailed the client’s journey of redemption, highlighting his transformation from a prison inmate to a successful businessman, husband, caretaker to his 76-year-old mother, and loving father of two children. Her compelling narrative was pivotal in the court’s decision to overturn the conviction.

The client, who faced imminent deportation due to a conviction he poorly understood, has lived in the United States since he was two years old and has established his family here. The case was particularly challenging because the client had attempted a 1473.7 motion four years earlier, only to have it denied in the Superior Court and in the Court of Appeal. That original motion was in front of the same judge who ultimately ruled for the Spolin & Dukes client, Honorable Suzette Clover, who was appointed to the bench in 2006.

The turning point in the second 1473.7 motion was the introduction of new evidence, including a critical declaration from the client’s former lawyer admitting his mistake in not explaining to the client the potential immigration consequences of his plea. Judge Clover’s decision has not only corrected a grave legal error but has also safeguarded the client’s ability to remain with his family in the U.S.

“We are deeply gratified by the court’s decision, which not only represents justice for our client but also emphasizes the importance of understanding the immigration consequences of criminal proceedings,” said Aaron Spolin.

The victory has significant implications for similar cases, highlighting the need for accused individuals to understand both the direct and the indirect consequences of a guilty plea.

For more information, please contact: Spolin & Dukes P.C. (866) 716-2805.

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