Doraville Padilla Appeals Lawyer

Facing criminal charges as a non-citizen can have consequences far beyond the courtroom, including deportation and loss of legal status. If your attorney failed to warn you about these risks before you entered a plea, you may have grounds for a Padilla appeal.

At The Solano Law Firm, our Doraville Padilla appeals lawyer helps clients challenge convictions that were entered without proper immigration advice. This could give them a chance to protect their rights, future, and ability to remain in the United States.

Contact our seasoned deportation defense attorneys today for a case evaluation.

The Supreme Court Case of Padilla v. Kentucky

In 2010, the United States Supreme Court decided the landmark case of Padilla v. Kentucky. In this case, a lawful permanent resident of the United States pleaded guilty to transporting marijuana. He did not know that a conviction was sufficient for his removal from the country. His lawyer had expressly told him not to worry about his immigration status if he reached a plea bargain.

The Court held that effective assistance of counsel meant that a lawyer must advise their client about the prospect of deportation before they give any recommendation for a guilty plea. Since Padilla did not know that his plea would jeopardize his immigration status, his removal was stopped by the Court. The case with Padilla shows that it is important to have legal representation that could assist you with this type of appeal in Doraville.

What Is a Padilla Appeal?

Knowing that even a minor conviction may be grounds for removal from the country, an attorney must advise their client that pleading guilty could be a reason for deportation. If a defendant, such as one in Doraville, is not given this advice by their lawyer, they can file a Padilla appeal. This appeal centers on the Sixth Amendment right to effective assistance of counsel.

If a lawyer fails to provide this critical guidance, the conviction may be challenged through a Padilla motion or appeal. These appeals are vital because even minor criminal convictions can have life-changing consequences for immigrants, potentially separating them from family, employment, and their life in the United States.

How Does the Padilla Appeals Process Work?

The process typically begins with filing a motion to vacate or withdraw the plea, arguing ineffective assistance of counsel under the standard established in Padilla v. Kentucky. The petitioner must demonstrate both that their attorney did not properly advise them about deportation or other immigration risks and that they would not have pled guilty if they had been fully informed. If successful, the court may allow the defendant to withdraw their plea and re-enter the criminal process with accurate information.

This does not automatically dismiss charges but gives the non-citizen a fair chance to negotiate or defend their case while fully understanding the impact on their immigration status. The defendant may still be retried on the initial criminal charges based on the discretion of the prosecutor. Padilla appeals can be complex, requiring careful legal analysis and strong evidence that a Doraville lawyer could help you with.

How High Can You Go With a Padilla Appeal?

A Padilla appeal can be taken through multiple levels of the court system, depending on the circumstances of your case. It often begins in the trial court where the conviction occurred, with a motion to vacate or withdraw the plea.

If denied, you can appeal to higher state courts, and in some cases, federal courts may review constitutional issues. The process can ultimately reach the United States Supreme Court if significant legal questions remain. How far you can go with a Padilla appeal depends on the facts, deadlines, and legal arguments in your case, which your Doraville attorney can assist with.

Contact a Padilla Appeals Attorney in Doraville Today

If you are a non-citizen facing the devastating immigration consequences of a past conviction, you may still have options through a Padilla appeal. At our firm, our Doraville Padilla appeals lawyer can review your case, determine whether your rights were violated, and fight to protect your future in the United States. Do not let an attorney’s mistake cost your family, job, or residency. Call the Solano Immigration Law Firm today for a confidential case evaluation and experienced legal guidance.