Deciding to plead guilty to a crime is one of the toughest decisions a person may ever have to make. But it becomes even more difficult when that person is not given key information to make a smart decision.
All too often, non citizens are counseled by an attorney to enter guilty pleas or pleas of nolo contendere to crimes, only to find out that acceptance of a guilty plea carries with it severe immigration consequences such as:
- Deportation
- Exclusion from admission to the United States
- Denial of naturalization
If you or someone you love has pleaded guilty to a crime in California, there is hope. California Penal Code Section 1016.5 states that judges and prosecutors are required to advise an immigrant of the immigration consequences before that individual pleads guilty.
Under the law, if the court fails to advise the defendant of these consequences, the defendant can request that the court vacate the judgment and allow the defendant to enter a plea of not guilty. The law is favorable to non citizens. If no record exists as to whether or not he or she was advised of the immigration consequences, it is presumed that the required advisement was never given.
Our law firm represents people who have received a criminal conviction for many different types of crimes in state and federal courts throughout California, including the ones listed below:
Some of these crimes and convictions can be decades old. We represent clients in cases from years ago that were not handled in the correct manner. Recently, case law has changed. With new cases such as Padilla v. Kentucky, more non citizens are able to seek relief if their attorney failed to advise or gave faulty advice to their client regarding the potential immigration consequences before pleading guilty to crimes.
Contact Us
A non citizen's failure to be advised of immigration consequences can be an opportunity to have a guilty plea withdrawn. To learn more, schedule your free initial consultation with a Los Angeles deportation defense lawyer, call us today at 213-784-4504 or contact us online.
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Law Offices of Anthony J. Pullara
633 West 5th Street, Suite 2800
Los Angeles
CA
90071
Phone: 213-784-4504
Los Angeles Law Office
