A recent Supreme Court ruling now gives immigrants who are facing criminal charges new rights. On March 31, 2010, the Supreme Court ruled in the case of Padilla vs. Kentucky that defense attorneys must properly counsel their noncitizen clients of the deportation risks that result from a guilty plea. In other words, defense attorneys must advise their noncitizen clients that deportation will occur with a guilty criminal conviction, including miniscule convictions such as shoplifting, drug possession and drug trafficking.
The new Supreme Court ruling will benefit most noncitizens that face criminal charges. This is because a good portion of all criminal convictions against noncitizens are the result of a plea bargain. In fact, statistics show nearly 80 – 90% of criminal convictions are the result of a plea bargain, which in turn means that around 80 – 90% of noncitizen deportations are the result of a plea bargain.
Moreover, most noncitizens are unaware that they will be deported from a criminal conviction. Because of this, they often plead guilty to their accused crime. Although deportation is a permanent banishment from family, friends and the community, Federal Law does not view deportation as a punishment, but rather a sanction.
This new ruling is a step forward for immigration rights in general. It provides necessary counsel to noncitizens who would otherwise be unaware of the risks they face by entering a guilty plea.
Contact Nessel and Kessel Law in Detroit, Michigan for quality and compassionate legal representation that will ease your anxiety and make sure you and your family’s best interests are taken care of. Nessel & Kessel Law in Detroit, Michigan will take listen to your case and give you the individual attention you deserve during these trying times.
About Nessel and Kessel
With more than two decades of experience, Nessel & Kessel Law is one of Michigan’s premiere litigation firms. Nessel & Kessel Law’s experience includes all Detroit, Michigan misdemeanor and felony charges, assault, auto theft, criminal sexual conduct, domestic violence, drug possession and trafficking, expungements, homicides, manslaughter, internet crimes, larcenies, home invasions, breaking and entering, probation violations, retail fraud, drunk driving, license restoration, traffic tickets, divorce, annulment and legal separations, child custody and visitation, child support and spousal support, restraining orders, personal protection orders, paternity, prenuptial and postnuptial, gay and lesbian family law issues, civil rights and constitutional violations, false imprisonment, forfeiture actions, police brutality, premises liability, wrongful arrest and wrongful death. Nessel & Kessel Law is located in Detroit, Michigan in the Penobscot building on the corner of Griswold and West Congress Street.
Contact Dana Nessel or Chris Kessel today at 313—556-2300 for an in-depth and confidential consultation regarding your rights