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Padilla v. Kentucky - Why defense lawyers need to learn immigration law.

By Rob Leonard

We?ve all done it.  Every single one of us has handled a criminal case for a non-citizen.  The case has been worked up, investigated, prepared for trial, negotiated with the State.  You have investigated all defenses and together you and your client decide, ?Let?s take the deal.? Just before the plea the client asks, ?Will I get deported for this??  Maybe they just ask, ?Will I still be able to become a citizen??  ?Will I still be able to get my green card?? What is the answer?  Do you know?  Do you even answer the question?  Do you simply refer them to an immigration lawyer?  Prior to March 31, 2010, the answer was much more simple.  Most lawyers that I know did one of the following things:   Refuse to give immigration advice. Refer them to an immigration lawyer...continue to full post

Full post as published by Georgia Criminal Law Blog on June 04, 2010 (boomark / email).