Dismissal Attorney in Indio
Effective Counsel throughout the Palm Desert
Section 1000 et seq. of the Penal Code provides that if a defendant performs satisfactorily during the Deferred Entry of Judgment (DEJ) period, the charges are dismissed, the guilty plea is not a conviction “for any purpose,” and no denial of employment, certificate, or benefits may flow from the incident.
Unfortunately, this is not true for noncitizen defendants, which is why it's important to get help from an experienced Indio dismissal lawyer. At the Law Offices of Anastacio De La Cruz, we are on your side.
Call (760) 610-0606 now or contact our firm online to schedule your consultation.
Federal immigration law employs its own definition of a “conviction.” When a defendant pleads guilty and suffers some penalty or restraint, such as a court fine, even a successfully completed DEJ is a very damaging drug “conviction” for immigration purposes.
All noncitizens, including long-time lawful permanent residents, become deportable, inadmissible, and subject to mandatory detention without bond, based on the disposition.
Thousands of noncitizens already have been deported based on a successfully completed DEJ, and thousands more are at current risk of deportation. Fortunately, California Legislature addressed this through Penal Code Section 1203.43.
If you pleaded guilty or nolo contender based on a promise that the court made related to the completion of a drug rehabilitation program, it is important that you hire an attorney experienced in post conviction relief to help determine whether filing a motion to dismiss under Penal Code Section 1203.43 might be appropriate.
True Example of Dismissal
In February of 2016, just a month after Penal Code Section 1203.43 was enacted, Mr. Pink found himself in immigration custody, due in part to a 10-year-old conviction. Mr. Pink pleaded guilty and took advantage of a drug diversion program which he completed successfully. While this offense had been dismissed for state purposes, the federal government (immigration) still deemed this as a conviction.
Mr. De La Cruz was able to draft a motion which effectively explained the law and the purpose behind the brand new legislation. By keeping up with the ever-evolving law, Mr. De La Cruz was able to help get Mr. Pink out of immigration custody and back with his family.
Find out how we can help you. Call (760) 610-0606 now.
5-Star Reviews
Keeping Families Together One Case at a Time
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Mr Anastacio De La Cruz has been nothing but a blessing for my family, he took my son case and handled it with care and puts a lots of effort into delivering the best results we could ever ask for, forever thankful that we got referred by another client of him- Esmeralda Q-Shayne
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Working with Anastacio De La Cruz was a pleasure, all the staff in the office were truly helpful.He recently helped my dad out with getting his cases dismissed. He has truly given my father a second chance to regain his family. They were always on top of their game, with our case always advicing us what was the right thing to do.- Tomas Quintero
Once again Thankyou Anastacio for being an awesome lawyer, continue helping those who are in need. -
Hello everyone I would like to take the time to appreciate and thank Anastacio de la Cruz and his people for everything he has done for me, to give me another opportunity in life to do well and become a better person. There’s no words to describe his hard work. He’s definitely a lawyer I’d 100% recommend to anyone who needs help of any sort . He will do the best of his ability and won’t give up.- Ulysses Almanza
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Thanks to the lawyer Anastacio de la Cruz for helping me fight my criminal case in court and being able to eliminate all the charges that were brought against me, I recommend him, he is a very good lawyer 👍- Eulises Card
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I highly recommend law offices of ANASTACIO DE La Cruz. He went above and beyond with his services he handled my restraining order case he got it dismissed.- Juan Osorio
Also his staff was very friendly and helpful they answered all my questions and concerns. His prices are the cheapest out there I highly recommend anastacio de la Cruz!!!! -
I hired Mr.De La Cruz when I found myself needing some serious legal help. I had multiple cases on my plate at the time. As a single mother, it was almost impossible to juggle working full time, attending school, on top of having to be in court. Mr.De La Cruz went above and beyond in assisting me and my legal short comings. He treated me with the utmost respect. While having Mr. DLC on my team I was able to continue life stress free! Thank you Anastacio for all you’ve done for me! I couldn’t have done it without you! You are one of the BEST if not THE best attorney this valley has to offer.- Bianca Acuna