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with outdated information.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!
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.