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Immigration Consequences -
Padilla v. Kentucky

Padilla v. Kentucky
Many people who are noncitizens of the United States may be unaware that if they are charged with a criminal offense and lose their case, they could face deportation. This law applies to illegal aliens as well as those who enter the country on a work visa. Therefore, regardless of immigration status, noncitizens should hire experienced legal counsel for representation if charged with a felony crime.

In the recent U.S. Supreme Court case of Padilla v. Kentucky, the court overturned a decision made by the Supreme Court of Kentucky that stated Mr. Padilla was to be deported for felony drug charges. Mr. Padilla pled guilty after his legal counsel gave him incorrect information, erroneously informing him that because he had been a permanent resident of the United States for over 40 years, he wouldn’t have to worry about facing deportation, and also failing to warn him of the consequences of pleading guilty to his criminal charges.

Mr. Padilla stated that if he had been advised of the risk of deportation for entering a guilty plea, he would have taken his case to trial. Because of his attorney’s misleading information, Mr. Padilla argued, his counsel was constitutionally deficit. The Supreme Court agreed and reversed the Supreme Court of Kentucky’s decision.

After the Padilla v. Kentucky ruling, courts now advise noncitizens who wish to enter a guilty or nolo contendre plea that such a plea could lead to deportation. Attorneys who represent clients who are not citizens of the United States must be knowledgeable about immigration laws in order to give sound advice on the consequences and possibility of deportation.

In the past, allowing or preventing deportation was left up to the judge. However, changes in immigration law have widened the scope of deportable offenses.  A crime of moral turpitude, which includes crimes of violence as well as any conduct that goes against community standards, could cause the offender to be expelled from America.

Noncitizens must hire an experienced attorney not only to represent them on immigration issues but also to avoid a criminal conviction that could lead to deportation. The skilled attorneys at Head, Thomas, Webb and Willis are knowledgeable with immigration laws and the consequences of a criminal conviction. If you are a noncitizen facing criminal charges, please contact our firm today.
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