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Has anyone dealt with a Writ regarding the purported failure of the defense attorney to explain the potential adverse affect of a guilty plea on the defendant's immigration status? The defendant pled guilty in 1997, received 2 years probation and now some attorney has filed the Writ on the defendant's behalf claiming ineffective assistance of counsel. The Court's admonishments do indicate the Court did give the non-citizen admonishment.
 
Posts: 74 | Location: Hempstead, TX USA | Registered: February 27, 2007Reply With QuoteReport This Post
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Writs are for constitutional errors. There is no constitutional obligation to warn a defendant about immigration/naturalization consequences. For additional details, see The Perfect Plea, pages 102-03 & 154-55.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Try contacting Laura Coats at the Dallas DA's office. Main line there is 214-653-3600. I think she won a State's appeal where a court granted a writ on these facts.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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