Law Helps Non-Citizens Avoid Collateral Immigration Consequences

California Law Helps Non-Citizens Avoid Collateral Immigration Consequences in Low Level Drug Cases

In an article published this month in the San Diego Criminal Defense Blog, Stefano L. Molea, a San Diego criminal defense lawyer and partner at David P. Shapiro Criminal Defense Attorneys, provides useful information regarding the consequences of low-level drug crimes for immigrants in California. The article focuses on AB 208 which was signed into law late last year. Under prior law, those who qualified for pretrial diversion were required to enter a guilty plea and then complete a drug program. If successful, the case would be dismissed without any conviction. But if the defendant was involved in an immigration proceeding, officials would consider the guilty plea and use it as a basis to take action against their status. Under pre-existing law, this immigration consequence would be an issue even when the defendant had successfully completed the pretrial diversion program.

Together with Penal Code 1203.43 the new laws benefit immigrants in two ways: first, diversion would involve the entry of a plea of not guilty at the outset of the case; and second, a guilty plea previously entered as part of a pretrial diversion case can be rendered invalid with the proper motion. The upshot of AB 208 is that noncitizen defendants eligible for pretrial intervention are now permitted to take advantage of the program without the threat of negative immigration consequences looming over them.

Author Bio

David P. Shapiro

David P. Shapiro, the managing partner and founder of a leading San Diego criminal defense firm, is driven by an unwavering commitment to providing the best possible representation to his clients facing criminal charges. With a deep understanding of the fear, uncertainty, and concern for one’s future that his clients experience, David approaches each case with empathy and dedication, advocating tirelessly for their rights and freedoms.

Focused on complex and high-stakes cases, David handles a wide range of serious charges, including felonies, violent crimes, sex crimes, drug offenses, and white-collar crimes. Since establishing his practice in 2010, David has earned a reputation as one of San Diego’s most respected criminal defense attorneys.

His firm has been recognized by LawFirm500 as one of the nation’s fastest-growing law firms and was a 2022 Better Business Bureau Torch Award for Ethics Winner. The San Diego Business Journal named David’s firm the 17th Fastest Growing Private Company in San Diego from 2019-2021 and recognized David as one of San Diego’s 500 Most Influential People in 2022. With a strong dedication to his clients and community, David continues to be a driving force in the San Diego legal landscape.

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