Category Archives: Guilty Pleas

Illinois Supreme Court holds that counsel was required to give Defendant only a general warning of possibility of immigration consequences

Posted on September 30, 2016 by Mike Baker

Defendant pled guilty to burglary and was sentenced to 3 years probation. At time of plea, Defendant was a citizen of Dominican Republic, and a resident alien of U.S. based on his marriage to a U.S. citizen. During plea hearing, … Continue reading →

Posted in Guilty Pleas, Immigration Consequences of Criminal Convictions, ineffective assistance of counsel | Leave a comment

Padilla v. Kentucky does not apply retroactively to cases already final on direct review

Posted on February 21, 2013 by Mike Baker

In Chaidez v. United States, the Court held that Padilla v. Kentucky, in which the Court held that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already … Continue reading →

Posted in Guilty Pleas, ineffective assistance of counsel, Padilla, Padilla v. Kentucky, U.S. Supreme Court | Tagged | Leave a comment