It was a decision many had been waiting for; the Supreme Court\u2019s right to counsel decision in cases of criminal conviction linked to deportation issues.<\/p>\n
While it took a while for the decision to be rendered, it came at a time when the country is still pondering what to do with its broken immigration system; to pass immigration reform or not. Part of the law as it deals with immigrants deals with what happens to them if they are convicted of a criminal offense.<\/p>\n
The Supreme Court decision said due to the severity of deportation and the reality that immigration consequences attach to criminal convictions, that the Sixth Amendment requires defense counsel provide competent advice to a non-citizen (immigrant) about the repercussions of a guilty plea. If this advice is not given, the immigrant may raise an ineffective assistance of counsel claim. The Padilla v. Kentucky case may have some interesting fallout as (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" It was a decision many had been waiting for; the Supreme Court\u2019s right to counsel decision in cases of criminal conviction linked to deportation issues. While it took a while for the decision to be rendered, it came at a…<\/span><\/p>\n