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Practicing Law Post Padilla

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published December 27, 2010

Padilla v. Kentucky is a case in which an illegal American resident and Honduran immigrant, Jose Padilla, was arrested for transporting marijuana. Padilla was then advised by his council that should he accept a guilty plea, he would not face deportation.

However, Padilla was subject to deportation following his guilty plea, and in turn, he filed a pro se motion for post-conviction relief, telling the courts that he received bad advice from his lawyer.The Kentucky Supreme Court ruled in favor of Padilla, remanding the lower courts decision.

What gives this ruling such magnitude is its implications for lawyers representing clients whose guilty pleas may affect several areas of life in addition to immigration status, such as child custody and employment.

Since the Padilla ruling, an appeals court in Alaska has invoked the Kentucky court's decision. The Alaskan court stated that a prima facie case of ineffective assistance of council was used by a client, after his lawyer wrongly told him that a no-contest plea in an assault case would not be brought up in a civil lawsuit.
United States

According to Bruce Green, chair of the ABA's criminal justice section, ''Padilla raised the level of consciousness. It has reminded lawyers that they must learn about, and advise clients about, the impact of a guilty plea on their immigration status and in other significant ways beyond sentencing.''

Green is supporting the creation of a new ABA task force that will study the after-effects of the Padilla decision. Green said, ''clients need more than good advice about the consequences of a guilty plea. The task force will ask what else lawyers can do to assist criminal defendants with current civil legal problems or non-legal problems related to the criminal case.''
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