Okay.  I’m going to sound like a total geek in this blog post, but I’m so excited with the Padilla v. Kentucky decision that I had to tell someone!  Lucky you!  LOL.  Seriously, this decision is a huge deal.  I can’t tell you how many people have come in to my office for their free consultation before Padilla v. Kentucky was decided on March 31, 2010 and told me how they pleaded guilty to a charge and were not told of the immigration consequences.  Or, they were told that their plea of guilty “may” have immigration consequences.  Well, before March 31, 2010, they were out of luck.  The law used to be that immigration consequences were collateral, meaning that you couldn’t fight your conviction to have it overturned on the grounds that your lawyer didn’t tell you that you were going to be deported for pleading guilty or may be deported for pleading guilty.  All that has totally changed with Padilla v. Kentucky.  Now, people who pleaded guilty before the Padilla v. Kentucky decision have hope!  I have a client who lucked out in this regard.  He pleaded guilty to a charge which would have made him an “aggravated felon” and he would have been deported.  There’s no relief from deportation which means even if your whole family is here and they would suffer if you were deported and separated from them, no immigration judge can let you stay in the U.S.  The immigration judge has to deport you.  In the case of my client, he pleaded guilty to burglary one month before Padilla v. Kentucky was decided.  His sentencing was set for after Padilla v. Kentucky was decided.  My client had a public defender who didn’t advise him of the immigration consequences.  His plea agreement said that his plea of guilty “may” subject him to immigration consequences like removal or deportation.  I argued that the failure to advise by his public defender and the language in the plea agreement wasn’t good enough to tell him he would be deported if he pleaded guilty to the charge of bugrlary.  Fortunately, his family hired me and I got his plea of guilty withdrawn thanks to the Padilla v. Kentucky decision.  Now I’m working on getting him a deal that won’t result in his deportation.  This is such a huge and wide reaching decision because thousands upon thousands of resident aliens and immigrants who pleaded guilty prior to Padilla v. Kentucky may now have hope.

I can’t remember the last time I’ve had so many calls from friends and other lawyers who don’t practice criminal asking, “Did Paris Hilton get a good deal?”  Well, quite frankly it’s a standard offer the District Attorney makes in these types of cases where the weight of the drugs is for personal use.  Even a public defender with a client who has minimal history like Ms. Hilton would have been given the same offer by the District Attorney.  She pleaded gulty to misdemeanor Possession of Dangerous Drugs Not To Be Introduced Into Interstate Commerce.  That’s a misdemeanor drug conviction that is now on her record.  And that conviction did not go unnoticed by Japanese officials who denied her admission in to Japan.  Japanese law generally prohibits people from entering their country who have been convicted of drug crimes.  That’s the thing about pleading guilty to some misdemeanors.  They can come back to haunt you.  Fortunately, every client I have ever represented for the same crime Paris Hilton was charged with has received a dismissal at the end of completing their requirements.  This is not a gaurantee of success and every case is different.  I’m proud of the great results I’ve received for my clients – many of whom are doctors, lawyers, celebrities, CEOs, athletes, and people who hold professional licenses who would otherwise lose them if they were convicted even of a misdemeanor drug charge.  Fortunately, for Ms. Hilton, she really doesn’t have to worry about having a misdemeanor drug conviction on her record since she’s worth several hundred million dollars and probably won’t be turned down if she wants to do another reality television show because of this conviction.  But for the rest of America, a conviction like this tells your employer or future employer that you are a convicted drug user.   Even if you were innocent but pleaded guilty, employers and future employers will speculate if you have a drug problem and may decide to pick someone who doesn’t have a criminal record.  Especially in this economy, keeping your record clean is something to think about when hiring a criminal lawyer to fight for you.