In the criminal law world, Padilla v. Kentucky, 130 S.Ct 1473, 176 L.Ed 2d 284 (2009), has worked a mini-revolution. In Padilla the U.S. Supreme Court decided that criminal defendants are due full advice from their criminal defense attorneys on the collateral punishment that may accompany a plea of guilty. There are many collateral punishments that could deploy, and Padilla dealt with deportation as one collateral punishment in addition to jail, probation or a fine.

Based upon Padilla, counsel must advise their clients that a plea of guilty will lead to deportation, or if the law is ambiguous, attorneys must advise the client that deportation “may” follow the plea. Counsel must also give immigration advice to the criminal defendant-client.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]