Sentences with phrase «consequences of a guilty plea»

'' Blog Scan from Crime and Consequences Blog Consequences of a Guilty Plea: Adam Schlossman posts in SCOTUSblog's Monday Round - up a link to Tony Mauro's National Law Journal article «Do Defendant's Get Enough Warning About a Guilty Plea's Consequences?»

Tags: Collateral Consequences of Guilty Plea, Criminal Sexual Conduct, Lewd Act, Life Without Parole (LWOP), Padilla v. Kentucky, Post Conviction Relief (PCR), Preview

Did the accused understand the full legal consequence of his guilty plea?

See Immigration Law and Crimes § 2:1, at 2 - 2 («Unfortunately, a practitioner or respondent can not tell easily whether a conviction is for a removable offense... [T] he cautious practitioner or apprehensive respondent will not know conclusively the future immigration consequences of a guilty plea»).

As you can see first hand, the negative consequences of a guilty plea can continue for years.

Not exact matches

The Court of Appeal dismissed the appeal, finding that allowing the conviction to stand would not amount to a miscarriage of justice because there was no evidence that Wong would not have pled guilty had he been informed of the collateral immigration consequences of his plea.

Since a criminal prosecution, guilty plea, or conviction can be the trigger for negative immigration consequences, such as Deportation or Denial of Naturalization, etc., by managing or winning the criminal case, a much more difficult immigration law problem may be avoided.

And to be informed, the person pleading guilty must be aware of the nature of the allegations said to constitute the offence, the effect of the plea;, and the consequences of the plea.R.

Since the 2010 Supreme Court decision Padilla v. Kentucky, we've done many presentations and writing throughout the state for defense attorneys about the basics of immigration law and the obligation to advise non-citizens defendants about the immigration consequences of picking a guilty plea.

People often plea to cases without realizing the collateral consequences of being found guilty of a criminal charge.

We also assist criminal defense attorneys and their clients by identifying potential civil ramifications of guilty pleas and strategizing ways to minimize the risk of eviction, loss of employment and educational consequences as a result of a criminal conviction.

And to be informed, the person pleading guilty must be aware of the nature of the allegations said to constitute the offence, the effect of the plea;, and the consequences of the plea.

Noncitizens, however, are at risk of accepting deferred entry of judgment because of the immigration consequences under federal law; a guilty plea under federal law exposes noncitizens to deportation and permanent family separation even before they have the time to complete a drug rehabilitation program.

Third, the Court's rigid constitutional rule could inadvertently head off more promising ways of addressing the underlying problem — such as statutory or administrative reforms requiring trial judges to inform a defendant on the record that a guilty plea may carry adverse immigration consequences.

The courts have taken the position that there is no duty of the sentencing court to advise the defendant of the «collateral consequences» of his guilty plea such as parole consideration eligibility.