IMMIGRATION DEPORTATION CONSEQUENCES OF PLEAS
Deportation of those convicted of crimes has become a major focus of Federal immigration authorities.
Over the past three years the numbers of persons expelled from the US has gone up markedly.
South Florida criminal defense lawyers are increasingly asked what can be done.
Florida law permits criminal pleas to be withdrawn if deportation is a direct result of a guilty plea and deportation consequences were not clearly explained by the sentencing judge.
The 4th District in Florida, which hears appeals from Fort Lauderdale (Broward) and Palm Beach pronounced the rule: Failure to advise of immigration or deportation consequences of a plea to a criminal charge can be grounds to withdraw a plea. The defendant must allege and prove that 1. You were not advised of the deportation consequences of a plea 2. That the plea alone subjects you to deportation 3. The motion to withdraw the plea is “timely”.
If you are facing federal removal proceedings contact a Florida criminal defense attorney for a consultation. The area is complex so take the time to speak to a criminal attorney with immigration experience.