NJ courts: warnings of deportation consequences from plea bargains must be clear

November 22, 2010 § Leave a comment

A pair of rulings issued this week signal that NJ appellate courts are taking to heart the law that foreign-born defendants be thoroughly warned that mandatory deportation will result from pleading guilty to serious crimes.  In State v. Duroseau and State v. Delgado, two different panels said that failure to advise means the defendant is entitled to another day in court.  “The Appellate Division has clearly recognized the problems facing non-citizens charged with criminal offenses and the very difficult, complex and challenging choices that they must make,” said Tom Rosenthal, a spokesman for Public Defender Yvonne Smith Segars, who represented both defendants.  Both cases applied recent rulings by the NJ Supreme Court, in State v. Nunez-Valdez, and the US Supreme Court, in Padilla v. Kentucky, which said foreigners must be warned in no uncertain terms about the impact of criminal convictions on their immigration status.  (NJ Law Journal)

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