Can i reopen a felony case in florida,in which a plea bargain was taken, to avoid deportation?

Asked over 4 years ago - Miami, FL

My good friend was arrested for a felony. resisting arrest. he took a plea. immigration took away his work permit, and detained him and want to deport him as a result of that felony. he has a hearing coming up on the 13 of april. is there any way in which an attorny can reopen or do something with the felony case? can he reverse the deportation. what are his options?

Attorney answers (2)

  1. Stephen Andrew Mosca

    Contributor Level 17

    Answered . The only way I can think of in challenging the plea is if his attorney provided affirmative misadvice, particularly about his possibly being deported. I believe there is a recent supreme court case that says failure to advise about deportation accurately is ineffective assistance of counsel meaning the plea can be withdrawn and the sentence set aside.

    Your friend needs to consult with an immigration attorney and/or a criminal defense or appellate attorney to write a Rule 3.850 motion challenging his plea due to ineffective assistance of counsel based on his current immigration status, provided no one warned him this could result. I doubt he will be able to write one himself under the circumstances. Good luck.

  2. Michael Christopher Grieco

    Contributor Level 14

    Answered . He needs to consult with criminal attorney for the reasons my colleague states above. There are numerous ways to set aside a plea, but there are some time limitations. If his attorney provided misadvice regarding immigration consequences or if the judge improperly advised him, he may have an out. BUT...he must also show that he would not have reasonably accepted the plea but for the immigration consequences.

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