'' 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.