... had been very difficult to reopen a criminal case to make a better deal for the purposes of stopping deportation. Now the courts have spoken. The US Supreme Court, in Padilla v. Kentucky, decided just this year, has said that immigrants must be clearly warned about the potential deportation consequences of criminal convictions. And here in New Jersey, we have had three important cases which echo this decision. The bottom line is that criminal defendants born elsewhere should not just know their Miranda rights. They should know their Padilla rights. Talking to an immigration lawyer who is well versed in criminal alien cases, before going to make ... . The problem is, it's very rare to find an immigration law expert in the room when it's time to plea bargain. You can put together the best criminal defense attorney, the most experienced prosecutor, and the judge with decades on the bench. None of them are immigration lawyers. So, the plea is arranged. A suspended sentence instead of jail time. Probation, a fine, some community service. Everybody is satisfied. The lawyer has done his client a good service. The district attorney has a guilty defendant. The judge feels that justice has been served. The immigrant signs a document that says ...
Tags: immigration consequences | plea bargains | immigration lawyer | immigration laws |