COUNSEL MUST ADVISE DEFENDANTS OF IMMIGRATION CONSEQUENCES

The U.S. Supreme Court has held that criminal defense attorneys must advise a Defendant of the immigration consequences that sometimes attach to a guilty plea. In Padilla v. Kentucky, the Court held that a Defendant may claim that ineffective assistance of counsel was provided to him. Padilla (a non-citizen) claims that Counsel did not inform him that he could possibly be deported.

This case will now be remanded for further fact finding.