Help Filing a Padilla Motion in New Jersey

Trusted Counsel from a Proven New Jersey Immigration Lawyer

The United States Supreme Court ruling in Padilla v. Commonwealth of Kentucky concluded that criminal defense attorneys must inform noncitizen clients that pleading guilty could mean risk of deportation. The Supreme Court believes this was a necessary procedure to uphold a defendant's rights to avoid self-incrimination. Attorneys must inform their clients that conviction will eventually lead to deportation. Additionally, if it is uncertain whether or not a conviction will be made, the attorney should advise the client of the risk of deportation.

Will a Padilla Motion Offer Post-Conviction Relief?

Prior to the motion's passing in 2010, immigrants convicted of a crime that negatively affected their status - espeically a crime considered to be a deportable offense -could use a Padilla Motion to try and find relief. Pleading guilty without the knowledge of the consequences allows you to motion to withdraw the guilty plea.

A Padilla Motion may be able to help you fight the following:

  • You pled guilty, and you were unaware of the consequences
  • The attorney failed to inform you of the risk of deportation
  • Prove that the defense counsel was ineffective
  • Prevent the removal proceedings from moving forward

You may be well aware that a criminal conviction on your record can be detrimental to your immigration status. Immigration laws have also become stricter in recent years, and some defense attorneys may be advising you with outdated information. You must be aware that there may be deportation risks, even if you have been living lawfully in the U.S. for decades.

Uphold Your Legal Rights - Call the Law Offices of Simone Bertollini Now!

As a New Jersey immigration attorney at the Law Offices of Simone Bertollini, I am prepared to handle your case with my attentive, one-on-one counsel. I leave no stone unturned when it comes to resolving your matter as smoothly as possible. I understand that many immigration matters can be a stressful and confusing time, especially when there are roadblocks on your path to citizenship.

Let me help you fight. Call the office today to schedule a complimentary consultation.

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