VC 15620

VC 15620

Offense

Leaving child in vehicle (infraction)

Aggravated Felony (AF)

Not AF.

Crime Involving Moral Turpitude (CIMT)

Not CIMT.

Other Removal Grounds

Conceivable that ICE would charge this as a deportable crime of child abuse. See suggestions in Advice.

If D has a prior 15620 and did not have counsel (or had counsel who did not warn), use PC 1473.7 to vacate this.

Advice and Comments

Child abuse: Defenders must conservatively assume that a California infraction will be treated as a conviction for imm purposes. See 11358. Even if it is, arguably the elements of 15620 do not constitute deportable child abuse under BIA decisions. But because the child abuse deportation ground is broadly defined and widely charged, seek a different disposition. Explain to DA that this infraction could destroy this family. Put off hearing until D completes conditions such as parenting classes, then ask to drop charges. Or if necessary, consider pleading up to 273a(b).

For a prior conviction, PC 1473.7 is post-conviction relief that is appropriate in many contexts. Where there was no counsel at all, as there may not be with a prior infraction, it should be granted nearly automatically.

2020-05-19T19:42:26+00:00Updated January 29th, 2020|