Judge failed to advise of immigration consequences...Reversal?
Jul 6th 2004, 3:05 pm
#1
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Judge failed to advise of immigration consequences...Reversal?
I recently pled guilty to a misdemeanor offense in order to receive a
reduced sentence. I was given a deferred adjudication. However, at no
point of time did the judge advise me that there could be immigration
consequences of any plea. I have heard that this is grounds for a
reversal of the plea. Is that correct? How does one go about it?
reduced sentence. I was given a deferred adjudication. However, at no
point of time did the judge advise me that there could be immigration
consequences of any plea. I have heard that this is grounds for a
reversal of the plea. Is that correct? How does one go about it?
Jul 6th 2004, 11:37 pm
#2
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Posts: n/a
Re: Judge failed to advise of immigration consequences...Reversal?
>Subject: Judge failed to advise of immigration consequences...Reversal?
>From: [email protected] (PosterBoy)
>Date: 7/6/2004 11:05 AM Eastern Standard Time
>Message-id: <[email protected]>
>I recently pled guilty to a misdemeanor offense in order to receive a
>reduced sentence. I was given a deferred adjudication. However, at no
>point of time did the judge advise me that there could be immigration
>consequences of any plea. I have heard that this is grounds for a
>reversal of the plea. Is that correct? How does one go about it?
I don't think it is the judge's job to provide you with immigration advice.
Your lawyer should have advised you. I doubt you can reverse a conviction based
upon THAT argument!
>From: [email protected] (PosterBoy)
>Date: 7/6/2004 11:05 AM Eastern Standard Time
>Message-id: <[email protected]>
>I recently pled guilty to a misdemeanor offense in order to receive a
>reduced sentence. I was given a deferred adjudication. However, at no
>point of time did the judge advise me that there could be immigration
>consequences of any plea. I have heard that this is grounds for a
>reversal of the plea. Is that correct? How does one go about it?
I don't think it is the judge's job to provide you with immigration advice.
Your lawyer should have advised you. I doubt you can reverse a conviction based
upon THAT argument!
Jul 10th 2004, 7:35 pm
#3
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Posts: n/a
Re: Judge failed to advise of immigration consequences...Reversal?
PosterBoy wrote:
> I recently pled guilty to a misdemeanor offense in order to receive a
> reduced sentence. I was given a deferred adjudication. However, at no
> point of time did the judge advise me that there could be immigration
> consequences of any plea. I have heard that this is grounds for a
> reversal of the plea. Is that correct? How does one go about it?
>
Good luck. Your immigration status is your own responsibility and any
actions you may take that impact that, are similarly your own
responsibility. Ignorance of the law is no excuse.
> I recently pled guilty to a misdemeanor offense in order to receive a
> reduced sentence. I was given a deferred adjudication. However, at no
> point of time did the judge advise me that there could be immigration
> consequences of any plea. I have heard that this is grounds for a
> reversal of the plea. Is that correct? How does one go about it?
>
Good luck. Your immigration status is your own responsibility and any
actions you may take that impact that, are similarly your own
responsibility. Ignorance of the law is no excuse.
Jul 10th 2004, 7:36 pm
#4
Guest
Posts: n/a
Re: Judge failed to advise of immigration consequences...Reversal?
On 6/7/04 16:05, in article [email protected],
"PosterBoy" <[email protected]> wrote:
> I recently pled guilty to a misdemeanor offense in order to receive a
> reduced sentence. I was given a deferred adjudication. However, at no
> point of time did the judge advise me that there could be immigration
> consequences of any plea. I have heard that this is grounds for a
> reversal of the plea. Is that correct? How does one go about it?
This is not a DIY project. You urgently need an experienced immigration and
criminal attorney to assist you.
If sentence has not been passed you can move to withdraw your plea. Later it
is more difficult.
See for example:
Washington v. Velasquez, Court of Appeals of the State of Washington
http://www.visalaw.com/00jul4/9jul400.html
And do a Google search on
<deport plea guilty misdemeanor appeal> for more.
Another place to search for cases is http://www.ilw.com
Your lawyer will probably use Lexis and Westlaw, and treatises s/he has
available, plus his or her experience in this area. It's too serious a
matter to rely on newsgroup advice.
"PosterBoy" <[email protected]> wrote:
> I recently pled guilty to a misdemeanor offense in order to receive a
> reduced sentence. I was given a deferred adjudication. However, at no
> point of time did the judge advise me that there could be immigration
> consequences of any plea. I have heard that this is grounds for a
> reversal of the plea. Is that correct? How does one go about it?
This is not a DIY project. You urgently need an experienced immigration and
criminal attorney to assist you.
If sentence has not been passed you can move to withdraw your plea. Later it
is more difficult.
See for example:
Washington v. Velasquez, Court of Appeals of the State of Washington
http://www.visalaw.com/00jul4/9jul400.html
And do a Google search on
<deport plea guilty misdemeanor appeal> for more.
Another place to search for cases is http://www.ilw.com
Your lawyer will probably use Lexis and Westlaw, and treatises s/he has
available, plus his or her experience in this area. It's too serious a
matter to rely on newsgroup advice.
Jul 10th 2004, 7:36 pm
#5
Guest
Posts: n/a
Re: Judge failed to advise of immigration consequences...Reversal?
On 6/7/04 16:05, in article [email protected],
"PosterBoy" <[email protected]> wrote:
> I recently pled guilty to a misdemeanor offense in order to receive a
> reduced sentence.
Interestingly, an essay on this very subject showed up in my in-box after I
drafted my reply.
See:
http://www.ilw.com/lawyers/articles/...707-conry.shtm
"he scope of this article addresses the effect of criminal convictions
suffered by the immigrant defendant after April 1, 1997." The article says
that it's malpractice for a criminal lawyer working with immigrants not to
be informed on this subject.
It's not the judge's responsibility to tell you of the immigration-law
consequences of a plea. It's your lawyer's job. If you were not represented,
that might help you in your effort to withdraw your plea.
"PosterBoy" <[email protected]> wrote:
> I recently pled guilty to a misdemeanor offense in order to receive a
> reduced sentence.
Interestingly, an essay on this very subject showed up in my in-box after I
drafted my reply.
See:
http://www.ilw.com/lawyers/articles/...707-conry.shtm
"he scope of this article addresses the effect of criminal convictions
suffered by the immigrant defendant after April 1, 1997." The article says
that it's malpractice for a criminal lawyer working with immigrants not to
be informed on this subject.
It's not the judge's responsibility to tell you of the immigration-law
consequences of a plea. It's your lawyer's job. If you were not represented,
that might help you in your effort to withdraw your plea.
Jul 10th 2004, 7:36 pm
#6
Guest
Posts: n/a
Re: Judge failed to advise of immigration consequences...Reversal?
In article <[email protected]>,
PosterBoy <[email protected]> wrote:
>I recently pled guilty to a misdemeanor offense in order to receive a
>reduced sentence. I was given a deferred adjudication. However, at no
>point of time did the judge advise me that there could be immigration
>consequences of any plea. I have heard that this is grounds for a
>reversal of the plea. Is that correct? How does one go about it?
If you are in Massachusetts, General Laws Chapter 278 Section 29D
allows withdrawl of a guilty plea if the judge fails to warn of
possible deportation, exclusion, or denial of naturalization and
the defendant later shows that the conviction "may have" one of
these consequences. <http://www.mass.gov/legis/laws/mgl/278-29D.HTM>
--
John Carr ([email protected])
PosterBoy <[email protected]> wrote:
>I recently pled guilty to a misdemeanor offense in order to receive a
>reduced sentence. I was given a deferred adjudication. However, at no
>point of time did the judge advise me that there could be immigration
>consequences of any plea. I have heard that this is grounds for a
>reversal of the plea. Is that correct? How does one go about it?
If you are in Massachusetts, General Laws Chapter 278 Section 29D
allows withdrawl of a guilty plea if the judge fails to warn of
possible deportation, exclusion, or denial of naturalization and
the defendant later shows that the conviction "may have" one of
these consequences. <http://www.mass.gov/legis/laws/mgl/278-29D.HTM>
--
John Carr ([email protected])
Jul 17th 2004, 3:52 pm
#7
Guest
Posts: n/a
Re: Judge failed to advise of immigration consequences...Reversal?
On Sat, 10 Jul 2004 15:36:06 -0400, Tam <[email protected]> wrote:
>Interestingly, an essay on this very subject showed up in my in-box after I
>drafted my reply.
>See:
>http://www.ilw.com/lawyers/articles/...707-conry.shtm
>"he scope of this article addresses the effect of criminal convictions
>suffered by the immigrant defendant after April 1, 1997." The article says
>that it's malpractice for a criminal lawyer working with immigrants not to
>be informed on this subject.
>. . . .
I'd agree with that. I've worked on three cases in which this was an
issue. In one, the defendant wanted to fight all the way anyway, and
we ended up withdrawing (with leave of court) because of an insistence
on unreasonable arguments and an inability to work with the client.
In the other two, the referring attorney did practice immigration law
and was able to give the relevant advice. This was helpful in
negotiating for a favorable resolution in both cases, but we got more
mileage out of showing what we thought the facts showed.
Daniel Reitman
>Interestingly, an essay on this very subject showed up in my in-box after I
>drafted my reply.
>See:
>http://www.ilw.com/lawyers/articles/...707-conry.shtm
>"he scope of this article addresses the effect of criminal convictions
>suffered by the immigrant defendant after April 1, 1997." The article says
>that it's malpractice for a criminal lawyer working with immigrants not to
>be informed on this subject.
>. . . .
I'd agree with that. I've worked on three cases in which this was an
issue. In one, the defendant wanted to fight all the way anyway, and
we ended up withdrawing (with leave of court) because of an insistence
on unreasonable arguments and an inability to work with the client.
In the other two, the referring attorney did practice immigration law
and was able to give the relevant advice. This was helpful in
negotiating for a favorable resolution in both cases, but we got more
mileage out of showing what we thought the facts showed.
Daniel Reitman
