Tuesday, May 20, 2014

SJC rules for clearer advice on immigration consequences of criminal convictions

The Supreme Judicial Court has ruled that vague advice that a defendant could be "eligible for deportation" was constitutionally deficient, and as a result, Elan DeJesus suffered prejudice.
Ruling that the consequences of conviction of possession with intent to distribute are clear and explicit, since it is an aggravate felony, the court stated  "Counsel therefore was obligated to provide to his client, in language that the client could comprehend, the information that presumptively mandatory deportation would have been the legal consequence of pleading guilty."
The case is Commonwealth vs. DeJesusSJC-11392, May 19, 2014.
See also our page summarizing the law of immigration consequences and criminal convictions.