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Criminal Attorney must give consequences of deportation possibilities before Guilty Plea
Posted on April 7, 2010 by Brian D. Lerner | Edit
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Criminal Attorney must give consequences of deportation possibilities before Guilty Plea
Up until now, an Immigration Attorney would have a very difficult time trying to get post conviction relief for a criminal alien who plead guilty to some crime, was ordered deported and whereby the Immigration Attorney would try to get post conviction relief to give the foreign national an opportunity to try to beat the deportation. Almost always, the Criminal Courts would claim that immigration consequences are collateral to the main guilty plea, and because of that, whether they knew or not, a person could make a guilty plea and it would be knowingly even though they were not given proper advice by the criminal attorney, or no advice at all regarding the fact the person might be deported.
On March 31, 2010 the United States Supreme Court has decided that it is not correct, fair or equitable to deport someone who was not given the proper advisals and that all of the prior cases from lower courts stating differently are wrong. This is a very big case for an immigration attorney who will now have some real ammunition to use when trying to do post-conviction relief. The U.S. Supreme Court basically states that because of the drastic measure of deportation or removal is virtually inevitable for a vast number of non citizens or residents convicted of crimes, the importance of accurate legal advice for non citizens accused of crimes has never been more important. Thus, as a matter of federal law, deportation is an integral part of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes. The case is known as Padilla vs. Kentucky. Basically, before this case, the Strickland case was used to determine whether there was effective legal counsel on this type of matter or not. However, the courts below would use the argument that since it was collateral, it could not be used against an attorney who gave the wrong advice. Being an Immigration Attorney, I never agreed with or understood how it could be ‘collateral’. If a person plead guilty to a particular crime and got a shorter sentence in criminal jail, what was the use if he was deported the rest of his life from the U.S. Finally, we have a case that addresses the reality of this issue. It would be necessary to show that the outcome would be different if the correct advice were given and that the attorney fell below the reasonable standard of care. It if is truly clear that deportation will ensue, then the consequences must be equally clear.
Since there are so many aggravated felonies as any Immigration Attorney will tell you, if the plea is that of an aggravated felony, or one that could be considered to be an aggravated felony, the criminal attorney must be very clear to the defendant that deportation will follow.The case correctly states that now the immigration laws are much more severe and it is much more likely for someone to get a deportation order based upon a crime. In the past, which a typical immigration attorney will agree, there were not nearly as many aggravated felonies or ways of getting deported or removed from the U.S. Finally, the U.S. Supreme Court has made it clear that a person should not be deported because of incompetent counsel.
Therefore, if you are a criminal defendant and are about to plea, be sure to let your criminal attorney know about this case. Alternatively, contact a knowledgeable immigration attorney to work with the criminal attorney on this matter to best protect you. If you have already plead guilty, I would still contact an immigration attorney to try to get post conviction relief under this new case. Even if you are in deportation proceedings or have an order of deportation, you should contact a qualified immigration attorney to prepare the necessary post conviction relief if you qualify.
Criminal and Immigration lawyers should work together to help you
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Criminal Attorney must give consequences of deportation possibilities before Guilty Plea
Up until now, an Immigration Attorney would have a very difficult time trying to get post conviction relief for a criminal alien who plead guilty to some crime, was ordered deported and whereby the Immigration Attorney would try to get post conviction relief to give the foreign national an opportunity to try to beat the deportation. Almost always, the Criminal Courts would claim that immigration consequences are collateral to the main guilty plea, and because of that, whether they knew or not, a person could make a guilty plea and it would be knowingly even though they were not given proper advice by the criminal attorney, or no advice at all regarding the fact the person might be deported. This does not have to do with criminal law, but immigration law.
On March 31, 2010 the United States Supreme Court has decided that it is not correct, fair or equitable to deport someone who was not given the proper advisals and that all of the prior cases from lower courts stating differently are wrong. This is a very big case for an immigration attorney who will now have some real ammunition to use when trying to do post-conviction relief. The U.S. Supreme Court basically states that because of the drastic measure of deportation or removal is virtually inevitable for a vast number of non citizens or residents convicted of crimes, the importance of accurate legal advice for non citizens accused of crimes has never been more important. Thus, as a matter of federal law, deportation is an integral part of the penalty that may be imposed on noncitizen defendants who plead guilty to specified crimes. The case is known as Padilla vs. Kentucky. Basically, before this case, the Strickland case was used to determine whether there was effective legal counsel on this type of matter or not. However, the courts below would use the argument that since it was collateral, it could not be used against an attorney who gave the wrong advice. Being an Immigration Attorney, I never agreed with or understood how it could be ‘collateral’. If a person plead guilty to a particular crime and got a shorter sentence in criminal jail, what was the use if he was deported the rest of his life from the U.S. Finally, we have a case that addresses the reality of this issue. It would be necessary to show that the outcome would be different if the correct advice were given and that the attorney fell below the reasonable standard of care. It if is truly clear that deportation will ensue, then the consequences must be equally clear.
Since there are so many aggravated felonies as any Immigration Attorney will tell you, if the plea is that of an aggravated felony, or one that could be considered to be an aggravated felony, the criminal attorney must be very clear to the defendant that deportation will follow.The case correctly states that now the immigration laws are much more severe and it is much more likely for someone to get a deportation order based upon a crime. In the past, which a typical immigration attorney will agree, there were not nearly as many aggravated felonies or ways of getting deported or removed from the U.S. Finally, the U.S. Supreme Court has made it clear that a person should not be deported because of incompetent counsel.
Therefore, if you are a criminal defendant and are about to plea, be sure to let your criminal attorney know about this case. Alternatively, contact a knowledgeable immigration attorney to work with the criminal attorney on this matter to best protect you. If you have already plead guilty, I would still contact an immigration attorney to try to get post conviction relief under this new case. Even if you are in deportation proceedings or have an order of deportation, you should contact a qualified immigration attorney to prepare the necessary post conviction relief if you qualify.
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Criminal Attorney must give consequences of deportation possibilities before Guilty Plea
Up until now, an Immigration Attorney would have a very difficult time trying to get post conviction relief for a criminal alien who plead guilty to some crime, was ordered deported and whereby the Immigration Attorney would try to get post conviction relief to give the foreign national an opportunity to try to beat the deportation. Almost always, the Criminal Courts would claim that immigration consequences are ‘collateral’ to the main guilty plea, and because of that, whether they knew or not, a person could make a guilty plea and it would be ‘knowingly’ even though they were not given proper advice by the criminal attorney, or no advice at all regarding the fact the person might be deported.
On March 31, 2010 the United States Supreme Court has decided that it is not correct, fair or equitable to deport someone who was not given the proper advisals and that all of the prior cases from lower courts stating differently are wrong. This is a very big case for an immigration attorney who will now have some real ammunition to use when trying to do post-conviction relief. The U.S. Supreme Court basically states that because of the drastic measure of deportation or removal is virtually inevitable for a vast number of non citizens or residents convicted of crimes, the importance of accurate legal advice for non citizens accused of crimes has never been more important. Thus, as a matter of federal law, deportation is an integral part of the penalty that may be imposed on non citizen defendants who plead guilty to specified crimes. The case is known as Padilla vs. Kentucky. Basically, before this case, the Strickland case was used to determine whether there was effective legal counsel on this type of matter or not. However, the courts below would use the argument that since it was collateral, it could not be used against an attorney who gave the wrong advice. Being an Immigration Attorney, I never agreed with or understood how it could be ‘collateral’. If a person plead guilty to a particular crime and got a shorter sentence in criminal jail, what was the use if he was deported the rest of his life from the U.S. Finally, we have a case that addresses the reality of this issue. It would be necessary to show that the outcome would be different if the correct advice were given and that the attorney fell below the reasonable standard of care. It if is truly clear that deportation will ensue, then the consequences must be equally clear.
Since there are so many aggravated felonies as any Immigration Attorney will tell you, if the plea is that of an aggravated felony, or one that could be considered to be an aggravated felony, the criminal attorney must be very clear to the defendant that deportation will follow. The case correctly states that now the immigration laws are much more severe and it is much more likely for someone to get a deportation order based upon a crime. In the past, which a typical immigration attorney will agree, there were not nearly as many aggravated felonies or ways of getting deported or removed from the U.S. Finally, the U.S. Supreme Court has made it clear that a person should not be deported because of incompetent counsel.
Therefore, if you are a criminal defendant and are about to plea, be sure to let your criminal attorney know about this case. Alternatively, contact a knowledgeable immigration attorney to work with the criminal attorney on this matter to best protect you. If you have already plead guilty, I would still contact an immigration attorney to try to get post conviction relief under this new case. Even if you are in deportation proceedings or have an order of deportation, you should contact a qualified immigration attorney to prepare the necessary post conviction relief if you qualify.
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My crime was vacated, now what?
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Criminal and Immigration Lawyers should work together in order to help you.
Question: I have have committed a crime, although may not know if I will need to plead guilty as well as not considering that I really do plead guilty, I do not learn just what I will need to plead to. Ought to I retain the services of an Immigration Lawyer? Should certainly I work with a Criminal Lawyer? Ought to I work with Criminal and Immigration Lawyers?
Answer: These are usually very appropriate questions. In reality, it is going to be crucial that will you get aid via Criminal and Immigration Lawyers. At this point, it is actually crucial which an individual acquire the required information and facts via criminal and immigration lawyers working together. Because an individual are generally not really a U.S. Citizen, each crime may possibly potentially impact your own ability in order to officially continue in the United States. Simply should the criminal and immigration lawyers work together can easily people obtain the correct advice. An Immigration Attorney at law is without a doubt not an expert in Criminal Law and a Criminal Attorney at law is not an expert in Immigration Law. Neither the Criminal Attorney or perhaps the Criminal Judge are generally aware regarding exactly how your particular criminal situation will have an impact your own immigration status. There is going to be no reason to be able to plea in order to a specific thing in criminal court of which will probably simply hurt your prospects associated with staying in the United States.
Question: How may the Criminal and Immigration Attorneys work together? Exactly what will probably they do to be able to help me?
Answer: Typically, the Immigration Attorney could prepare the mandatory criminal evaluation which may document to a person as well as the criminal attorney exactly just what exactly is your current immigration situation along with the best alternatives to get a plea in which could hold the bare minimum effect on your own immigration status and might reduce the damage of which may possibly occur in future deportation/removal hearings. Even if one get placed in removal or even removal proceedings, the criminal and immigration lawyers working together might reduce the harm in deportation proceedings. It will have the effect associated with possibly making one eligible for certain forms of relief just like Cancellation associated with Removal for Lawful Permanent Residents or even Adjustment of Status with a Waiver associated with Inadmissibility. Sometimes a guilty plea in criminal court could not sound so bad, though would likely make you an aggravated felon in Immigration Court. As an aggravated felon, a person would not be eligible for most forms associated with relief. Thereby, if ever the criminal and immigration lawyers work together in the beginning before you plea in order to all sorts of things, and then everyone could benefit. You actually might reduce the harm completed on your own immigration status; the prosecutor will continues to obtain a conviction; the Criminal Judge could nevertheless be administering justice; the criminal attorney obtains a plea and also the immigration attorney protects you against unintended consequences. As a result, while it might be more expensive, the best route for people is to be able to get Criminal and Immigration Lawyers in order to work in tandem in order to assist people through this process.
Question: Exactly what comes about if I simply plea guilty now as I am being told by my Criminal Lawyer of which it is actually the best thing to do?
Answer: Of which would often be a extremely large mistake. Basically, the Criminal Attorney is without a doubt probably telling people in which an individual will get less time and which it is without a doubt the best deal of which an individual can easily get. However, precisely what does it matter if a person get less time if you actually are usually simply transferred to be able to immigration detention, placed in deportation/removal proceedings and deported for many years or even even the rest of your current life? It is going to be essential that will you actually get the aid associated with Criminal and Immigration Lawyers working together before you plea, not immediately after. It is going to be doable in order to try in order to set aside the plea after. However, it is actually significantly more complicated.
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Question: I have committed a crime, but do not know if I should plead guilty or not and if I do plead guilty, I do not know what I should plead to. Should I hire an Immigration Lawyer? Should I hire a Criminal Lawyer? Should I hire Criminal and Immigration Lawyers?
Answer: These are very valid questions. In fact, it is critical that you obtain the necessary information from criminal and immigration lawyers working together. Because you are not a U.S. Citizen, every single crime could potentially affect your ability to legally remain in the United States. Only if the criminal and immigration lawyers work together can you obtain the correct advice. An Immigration Lawyer is not an expert in Criminal Law and a Criminal Lawyer is not an expert in Immigration Law. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect your immigration status. There is no reason to plea to something in criminal court that will only hurt your chances of remaining in the United States.
Question: How will the Criminal and Immigration Attorneys work together? What will they do to help me?
Answer: Generally, the Immigration Attorney can prepare the necessary criminal evaluation which will document to you and the criminal attorney exactly what is your immigration situation and the best alternatives for a plea that will have the least effect on your immigration status and will minimize the damage that could occur in future deportation hearings. Even if you get put into deportation or removal proceedings, the criminal and immigration lawyers working together will minimize the harm in deportation proceedings. It will have the effect of possibly making you eligible for certain forms of relief such as Cancellation of Removal for Lawful Permanent Residents or Adjustment of Status with a Waiver of Inadmissibility. Sometimes a guilty plea in criminal court will not sound so bad, but could make you an aggravated felon in Immigration Court. As an aggravated felon, you would not be eligible for most forms of relief. Thus, if the criminal and immigration lawyers work together in the beginning before you plea to anything, then everyone can benefit. You will minimize the harm done on your immigration status; the prosecutor will still get a conviction; the Criminal Judge will still be administering justice; the criminal attorney gets a plea and the immigration attorney protects you against unintended consequences. Thus, while it might be more expensive, the best route for you is to hire Criminal and Immigration Lawyers to work in tandem to help you through this process.
Question: What happens if I just plea guilty now as I am being told by my Criminal Lawyer that it is the best thing to do?
Answer: That would be a very large mistake. Basically, the Criminal Attorney is probably telling you that you will get less time and that it is the best deal that you can get. However, what does it matter if you get less time if you are simply transferred to immigration detention, placed in deportation proceedings and deported for many years or even the rest of your life? It is critical that you get the help of Criminal and Immigration Lawyers working together before you plea, not after. It is possible to try to set aside the plea afterwards. However, it is considerably more difficult.
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