2 replies to this topic
Posted 04 January 2013 - 12:34 PM
I was sentenced to a 3yrs. prison term for violating Cal. Penal Code 11375.5, I didn't have counsel to tell me what the consequences of my plea were. I pled guilty to the charge I did my time and consequently I was deported. Now I want to apply for post-conviction relief under Padilla v. Kentucky, which stipulated that a representing counsel has a legal right to advice a client of the consequences of plea under the 6th. and 14th. amendments of the constitution. I filed a motion to dismiss to the County Superior Court and was denied, cause I should be under state parole. I want to file an appeal, but I don't know what form to file and were to send it. I was sentenced in Los Angeles Superior Court. I want to dismiss my charge or have changed to a lesser charge. I'm abroad now, but which to return to my love ones. Padilla v. Kentucky, is a fairly new decision made by the Supreme Court. It says that all legal counsel must advice defendants that their plea may have adversed immigration consequences. During my plea bargain I had no counsel present to advice me of the consequences.
Posted 04 January 2013 - 02:12 PM
Under CA law, the court is required to give an advisement regarding deportation consequences at the time it accepts a guilty plea (1016.5(a)). In felony cases, the advisement and entry of plea is taken down in a verbatim record. The burden is on you to establish that you were not given that advisement by the court. The first step would obviously be to obtain a copy of the transcript of the plea. Consult counsel.
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