Ineffective Assistance of Counsel Required in 1473.7 Relief?

It is no longer necessary to prove that prior counsel offered ineffective assistance of counsel if one is seeking to withdraw a plea under Penal Code § 1473.7. When 1473.7 was first enacted in January, 2017, this was required, but now it is not, as of January 1, 2019, with the passage of Senate Bill 2867. This change in the law has greatly helped those facing adverse immigration consequences as a result of a prior conviction. To read more about this change in the law, please click on the following link.



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