Padilla Advisements & Motions to Vacate

Cleveland Padilla Motion Attorney

Under a recent Supreme Court ruling, a criminal defendant who is also not a citizen of this country is entitled to effective counsel when it comes to advice regarding how a criminal case can affect immigration status.

At the law firm of Philip Eichorn Co., LPA, with offices in North Carolina and Ohio, we are here to help people facing criminal charges who need to explore motions to withdraw due to the recent Padilla ruling. Contact us today to learn more about how we can help you.

Under the Padilla decision, the Court referenced the professional standards that generally require criminal defense counsel to determine citizenship/immigration status of their clients. More importantly, a competent criminal defense attorney should investigate and advise a noncitizen client about the immigration consequences of alternative dispositions of the criminal case.

Moreover, the Court emphasized “informed consideration” of deportation consequences by both the defense and the prosecution during plea-bargaining. The Court also specifically highlighted the benefits and appropriateness of the defense and the prosecution factoring immigration consequences into plea negotiations in order to craft a conviction and sentence that reduce the likelihood of deportation while promoting the interests of justice.

If you believe that you were not properly advised of the immigration consequences during a criminal proceeding, you should contact our experienced criminal defense and immigration lawyer to obtain an opinion letter. We know how the intersection of both criminal and immigration law work.

If your case does qualify for a Padilla motion to withdraw application, how these petitions are drafted are extremely important. We can help you assess if there is a constitutional or procedural defect for your motion to be successful. We have the experience and skill to pursue these matters successfully.

Charlotte North Carolina Motions to Withdraw Attorney

Please e-mail Philip Eichorn Co., LPA to discuss your immigration matter. We want to help you determine the best strategy to help you obtain lawful status in the United States.