The experienced attorneys at Godoy Law Office can provide conviction relief for legal permanent residents and undocumented immigrants who are not warned of the immigration consequences or deportation risks of a criminal plea. The United States Supreme Court in Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010), decided that criminal defense attorneys must advise non-citizen clients about the deportation risks of a guilty plea.
Under Padilla, where the immigration consequences are clear, attorneys must advise their criminal clients that deportation “will” result from a conviction. Where the immigration consequences of a conviction are unclear or uncertain, attorneys must advise that deportation “may” result. Finally, attorneys must give their clients some advice about deportation. The attorney cannot remain silent about deportation. The attorneys at GO Legal LLC are experienced in litigating post-conviction petitions, appeals and motions to vacate based on Padilla v. Commonwealth of Kentucky.
Additionally, in Illinois, the attorneys at Godoy Law Office can file for conviction relief based on Illinois law. The law requires that judges admonish legal permanent residents and undocumented immigrants that conviction for the offense may result in deportation, exclusion from admission in the United States or denial of naturalization before accepting a guilty plea to a misdemeanor or felony offense.