Filing a Padilla Motion?
Find Counsel from a New Jersey Immigration Lawyer
The United States Supreme Court ruled after the case, Padilla v. Commonwealth of Kentucky, concluded that criminal defense attorneys must inform noncitizen clients that pleading guilty could face the risk of deportation. The Supreme Court believes that 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. At the same time, if it is uncertain whether or not a conviction will be the result, then the attorney should advise their clients that there is some risk of deportation.
At this time, the laws are not necessarily very clear, and they may certainly shift in the future. My job as an immigration attorney is to stay on top of all of the developments in the law so that we are working to the utmost of my ability. You should have the latest information available to you so that you know what obstacles you may be facing and how to overcome them and reach your immigration goals.
Padilla Motions May Offer Post-Conviction Relief
Prior to the motion's passing in 2010, those who were convicted of a crime that negatively affected one's immigration status or one that was considered a deportable offense may be able to find relief. Pleading guilty without the knowledge of the consequences can allow you to make the motion withdraw the guilty plea.
Post-conviction relief can help you fight any of 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 of the fact that a criminal conviction on your record can be detrimental to your immigration status. Immigration laws have also become stricter in recent years, and so some defense attorneys may be advising you with outdated information.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 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 towards citizenship.
Let me help you fight. Call the office today to schedule a complimentary consultation.