I am drafting a response to an application for writ of habeas corpus that a defendant has filed asking the court to set aside a judgment for a class c drug paraphernalia charge. Defense counsel's argument is that she paid the collection agency the past due fine and she did not realize that (1) she was essentially pleading guilty and (2) that the conviction would jeopardize her status as a US citizen. Further that the collection agency (a law firm) misinformed her by not disclosing the above info and that the agency, under Padilla, had a duty to inform her of the consequences of paying the fine.
Has anyone seen this issue? I have formulated a response, but wanted to see if there are arguments that I am missing. Thanks in advance.
