The Harris County District Attorney's Office is in the process of creating written admonishments that the defendant will be required to sign before accepting a guilty plea.

We are wondering if anyone else has been using or is thinking of using written immigration admonishments beyond the 26.13 warning?

Has any other office contacted an Immigration Firm to review the written immigration admonishments?

I added language that specifies that the defendant understands that he will be deported. No ifs, ands, or buts. I have used it ever since Padilla was handed down.

This message has been edited. Last edited by: Ken Sparks,

misd_plea_memo.doc (33 Kb, 22 downloads)

Someday, a defendant will file a writ, saying he would have accepted the plea offer if he had known that he might not be deported. But, when told he would absolutely be deported he opted for a trial and got a longer sentence.

Ineffective assistance? Involuntary?

This is the conundrum of Padilla. Without certainty in immigration law, there is no reliable advice that can be given by a lawyer.

That's why my advice is to tell the defendant,

"You may be deported. If you knew you would be deported, would you still plead guilty?"

Sure seems like all this post-Padilla litigation is proving the point that lawyers shouldn't be expected to identify and advise on every potential collateral consequence of a conviction, especially since the laws that govern those consequences can change and be subject to changing use of discretion.

quote:

Originally posted by JB:
Someday, a defendant will file a writ, saying he would have accepted the plea offer if he had known that he might not be deported. But, when told he would absolutely be deported he opted for a trial and got a longer sentence.

Good point. I think I like JB's solution.

Maybe a year ago now, I was contacted when Tarrant County was preparing some detailed revised immigration admonishments. Anyone from there want to chime in?