Buyer’s Remorse is a very real phenomenon in criminal cases. It’s difficult for judges and defense attorneys to think of all the ways in which a criminal case can impact a person’s life. Who would think that an apartment application would be denied based upon a misdemeanor? Sadly, it happens. Today, we’re going to look avoiding deportations that are caused by a plea in a criminal case. For some people, undoing a plea will pull them right out of deportation proceedings, so let’s take a look at how this works.
[Shameless plug] I have filed my share of Motions to Withdraw Plea based upon the fact that a previous lawyer never informed their client of the fact that they would be deported once the Federal government discovered the plea. Sometimes, these motions are called 3.850 Ineffective Assistance of Counsel claims, and these big legal words can be summarized as follows; “Judge, please let me withdraw my plea because my lawyer never told me I would be deported as a result of this plea”. Other times, these claims are just a simple Motions to Withdraw Plea. When the defense attorney fails mention the potential immigration consequences of a plea, the client may be entitled to withdraw the plea, but several other factors must be present to pull this off. By “several”, I mean six or seven, so you’ll really have to be interested in this topic to get through every one of them. Enjoy. Continue Reading