The Padilla Decision: What Every Criminal Attorney Should Know

Duty to Inform Clients of Immigration Consequences
Description: If you haven't heard the latest, the U.S. Supreme Court ruling in Padilla v. KY says that criminal defense counsel must advise foreign-born clients of the consequences of a guilty plea. Immigration law can be complex, and it is a legal specialty of its own. Some members of the bar who represent clients facing criminal charges, in either state or federal court or both, may not be well versed in it. There will, therefore, undoubtedly be numerous situations in which the deportation consequences of a particular plea are unclear or uncertain. The duty of the private practitioner in such cases is more limited. When the law is not succinct and straightforward (as it is in many of the scenarios posited by JUSTICE ALITO), a criminal defense attorney need do no more than advise a non-citizen client that pending criminal charges may carry a risk of adverse immigration consequences. But when the deportation consequence is truly clear, as it was in this case, the duty to give correct advice is equally clear.

This decision may effect your client's future, or can even be cause for Post-Conviction Relief.

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Course Information Webcast - Archived Video Course Credits Dual Credits: 0.00
General Credits: 1.00
Total Credits: 1

This program will be filed for Tennessee CLE credit. Please contact TBA for Georgia, Mississippi and Alabama credit.