Client was arrested on an alleged charge of battery on a spouse for which a criminal complaint was filed. Client was represented by the public defender’s office and pleaded to the charge in the complaint. The offense carried a maximum sentence of one year in county jail. Subsequently, Client realized the possible devastating immigration consequences of the plea. Client contacted other attorneys in an attempt to attack the conviction and was informed by some that they could not assist him. Client contacted and retained Attorney Chelico for representation.
After Attorney Chelico was retained, he conducted a thorough and extensive investigation of the case and determined that Client received ineffective assistance of counsel and that the plea was not knowing or willful. Attorney Chelico filed a motion to vacate the conviction.
At the second hearing on the motion, the District Attorney’s Office agreed that the motion had merits and the Court vacated and dismissed the conviction for battery on a spouse. Client pleaded to an alternate minor offense that did not involve a battery on a spouse and that carried a maximum sentence of 90 days.