There are few things more harmful to your immigration status than a criminal conviction. Unfortunately, not every immigrant facing criminal charges is made aware of the impact they can have on their immigration case. Too many people only learn after they plead guilty that their conviction can trigger removal proceedings.
The good news is that the Supreme Court has ruled that criminal defense attorneys have an obligation to warn their clients that a conviction could have consequences in immigration court. A Scottsdale Padilla appeals lawyer could evaluate whether a defendant received adequate advice before entering a guilty plea and determine whether grounds exist to challenge the conviction. If you were not advised of this reality by your lawyer prior to pleading guilty, our dedicated deportation defense attorneys may be able to help.
A Padilla appeal, often called a Padilla motion, stems from the United States Supreme Court’s decision in Padilla v. Kentucky. In that case, the Court held that criminal defense attorneys have a duty to provide accurate advice regarding clear immigration consequences associated with a guilty plea.
Unlike a traditional appeal that challenges errors made during a trial, a Padilla motion generally arises after a guilty plea has already been accepted by the criminal court. The claim focuses on whether defense counsel provided ineffective assistance by failing to properly explain the immigration consequences of the plea.
Not every unfavorable immigration outcome creates a valid Padilla claim. What matters in these cases is that a criminal defendant pleaded guilty to a crime without being advised of how their plea might hurt their immigration status. Our Padilla appeals attorneys can advise Scottsdale residents on their options.
The primary goal of a successful motion, often handled with the guidance of a Scottsdale lawyer for Padilla appeals, is to set aside the conviction and restore the criminal case to an earlier stage. If the court grants the appeal, the guilty plea may be withdrawn and the conviction vacated. The case then returns to the criminal court process, allowing the defendant to defend against the charges or negotiate a different resolution.
It is important to understand that this outcome does not bring the criminal case to an end. There is still the possibility of a future conviction, especially if the case goes to trial. However, the defendant now has the ability to consider a plea offer or take their chances of trial, understanding what a conviction will mean for their status in this country.
Padilla cases involve both criminal law and immigration law. Success often depends on demonstrating exactly what advice was given, what consequences existed at the time of the plea, and how the defendant would have acted if properly informed.
An attorney can review the entire record of the case to establish whether or not the defendant was aware of the risks a conviction poses in immigration court. This might involve delving into the communications between the defendant and their prior attorney to determine if they were ever warned of the possible consequences of a conviction.
The support of experienced legal counsel is especially important when it is time to litigate these appeals. The state might not agree to set aside the conviction, and an attorney for Padilla appeals could manage every aspect of your appeal from start to finish in Scottsdale.
If you entered a guilty plea in a criminal case without realizing that it could impact your immigration case, you might be entitled to relief. Padilla appeals are not guaranteed to succeed, but they can give you a chance to set aside your conviction and halt deportation proceedings. Reach out to a Scottsdale Padilla appeal lawyer today to get started.
