What can be done about a lawyer never telling you that accepting "a great deal" plea bargain would make you deportable?

Asked over 2 years ago - Greenville, NC

In 2005, my husband was arrested with marijauna and cocaine charges, and in 2009 his attorney presented a plea bargain fromt the prosecutor to drop the cocaine charges if he accepted the marijuana charge of PWISD. Never during that 4 year period did his attorney tell him that these charges would lead to deportation procedings. Now, in 2012, ICE has a hold on my husband and facing deportation due to this 2005 charge. With this in mine, can we reopen the case, request espungement, or plead for a dismissal due to improper consuel?

Attorney answers (1)

  1. John Wesley Hall Jr.

    Contributor Level 13


    Lawyer agrees


    Answered . That is ineffective assistance in plea bargaining according to Padilla v. Kentucky from the US Supreme Court. You need to get a criminal defense lawyer and attack the conviction to prevent deportation.

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