FAQs: What Is A Padilla Appeal?
There are serious immigration consequences if a non-citizen is convicted or accused of a crime. Most criminal defense attorneys do not know the immigration implications of a criminal conviction. In 2010, the United States Supreme Court ruled on Padilla v. Commonwealth of Kentucky, 559 U.S. 356 and decided that criminal defense attorneys must advise non-citizen clients that there are serious and clear immigration risks if someone pleads guilty to a crime. In the Padilla case, an immigrant named Jose Padilla was charged with a crime in Kentucky. His criminal defense attorney negotiated a reduced charge if he agreed to plead guilty. But Mr. Padilla’s criminal defense attorney never advised him that a guilty plea could still result in several immigration consequences, including deportation.
As a result of the Supreme Court decision, attorneys must explain to their clients the potential immigration risks if they plead guilty to a crime and if they do not, there are grounds for an appeal, commonly called a Padilla Appeal.
What Is A Padilla Appeal?
According to the decision on the Padilla case,
• If the immigration consequences are clear, attorneys must advise their criminal clients that deportation “will” result from a conviction.
• If the immigration consequences of a conviction are unclear or uncertain, attorneys must advise that deportation “may” result.
• Attorneys must give their clients some advice about deportation. The attorney cannot remain silent about deportation.
Know Your Rights
Immigrants in the United States who are charged with a crime have rights. If you are an immigrant who is charged with a crime, it’s important that you hire a criminal defense attorney who has experience with immigration law, called a crimmigration attorney.
Learn More: Your Rights When Arrested In Illinois
Don’t Let Criminal Charges End Your American Dream
Have you received bad advice about a crime – or you didn’t receive any advice? The attorneys at Godoy Law Office are experienced in litigating Padilla Appeals, post-conviction petitions and motions to vacate based on Padilla v. Commonwealth of Kentucky. Our experienced crimmigration attorneys in Chicago have specialized knowledge of both criminal and immigration law. Call us today at 630-912-0322.
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AREAS WE SERVE: Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will and Lake Counties