HEARING NEEDED ON WHETHER DEFENDANT WAS TOLD OF DEPORTATION CONSEQUENCES

February 10, 2011 § Leave a comment

An NJ state appeals court has tightened the screws on judges accepting guilty pleas from noncitizen criminal defendants that may cause their deportations. The message of State v. Gaitan is that it’s not enough to ask whether defendants have read and understood the question on the plea form dealing with possible deportation: They are entitled to an evidentiary hearing on whether they received effective assistance of counsel regarding the deportation consequences. The court also said the requirement applies retroactively to cases in the pipeline since rulings by the NJ Supreme Court, in State v. Nunez-Valdez, and the US Supreme Court, in Padilla v. Kentucky, that defense attorneys have an affirmative duty to so advise. (NJLJ.com)

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You are currently reading HEARING NEEDED ON WHETHER DEFENDANT WAS TOLD OF DEPORTATION CONSEQUENCES at Harlan York and Associates Immigration Lawyer Team 973.642.1111.

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