California Legal Brief

The Rule of People v. Avena is that a defendant who went to trial may obtain relief under Penal Code section 1473.7 by showing a reasonable probability that they would have accepted an immigration-safe plea and that the prosecution and court would have accepted such a plea, under circumstances where intervening case law created immigration-safe plea options that were not available when counsel initially represented the defendant.

The Rule of People v. Bankers Insurance Company is that a trial court retains jurisdiction over a bail bond when defense counsel indicates there is a reason for defendant's nonappearance, conveys that reason to the court during an off-the-record discussion, and the court states on the record that based on the information given, it will not forfeit the bond, under circumstances where the court has reason to believe sufficient excuse may exist for the failure to appear per section 1305.1.