A new United States Supreme Court case just came down. It says that criminal defense lawyers have a duty to advise clients regarding a risk of deportation. When I first read the case, it was not “news” to me. Here in California many lawyers have been so advising clients for years. In fact, in Los Angeles, and Ventura Counties where I practice the most, our Tahl waiver forms already include such warnings.
For criminal lawyers, the bottom line is simple: inquire of every single client what their citizenship status is. Next, be sure to advise the client of any possible deportation consequence, preferably in writing or on the record in open court, or both.
From here it does get a bit more complicated. First, to our immigrant clients there is a huge difference between a felony punishable by over a year in jail and crime that is not. Next, there is a difference between a moral turpitude crime and one that is not. Additionally, multiple convictions are never good, nor are violations probation as they are considered moral turpitude.
If you have any questions about criminal defense, DUI defense, especially if you are an immigrant, please call me at (818) 783-5700 or email me at: vallenslaw@yahoo.com.
For an immigration attorney, I recommend Isaul Verdin, Esq. You can find him at: www.verdinlaw.com.