In 2010, a case took place known as Padilla v. Commonwealth of Kentucky, where the United States Supreme Court decided that criminal defense attorneys must let non-citizen clients know about deportation risks when they receive a guilty plea. It works as a way for the attorney to physically work on reversing the guilty plea when the client was unaware of immigration consequences. This motion, however, only applies to defendants who got a guilty verdict after March of 2010.
Here is an example of a padilla motion being used: Say that a legal immigrant has been in the country for quite a few years but is accused of a serious crime. They do not have enough money to pay for an attorney, so they are assigned to a public defender. However, this public defender knows very little about immigration law. After doing some research, he finds that the crime could unfortunately make him deportable. He borrows money from a family member and hires an attorney who is well-versed in the laws and files a motion to withdraw a guilty plea.
Bringing a Padilla Motion
Right now it is a very important time to bring a padilla motion because President Donald Trump promised to speed up deportation of immigrants with criminal records, meaning your case may be urgent. There are several ways that you can bring a motion, such as:
- Under Penal Code 1018 PC, you can withdraw a guilty plea. The court may grant it if you have not been sentenced, or you can show “good cause.”
- You could also make a direct appeal of your criminal conviction. However, this option can become quite complicated.
- You can bring a Padilla motion in the form of a habeas corpus. This will challenge the idea of keeping you in custody.
If you believe that you can bring a successful Padilla Motion in California based on the requirements, you may have a case. Talk to us today at The Law Office of Peter Blair for more information on how we can aid you. We are there for you every step of the way.