Prior lawyer fails to warn client of immigration consequences of plea; plea overturned
September 20, 2016, Haverhill District Court case no. 1238CR2758. On advice of prior counsel, client admits to distribution of cocaine on 8/16/13, placing him under threat of deportation. Client retains our firm, following which we identify a defect in the plea hearing which results in the Court allowing a motion for new trial in mid-2015. We defend client on revived complaint, resulting in filing of conviction without any punishment, penalty or restraint on liberty, which disposition does not qualify as conviction for federal immigration purposes; client is no longer deportable as a result of this case.
Practice area(s): Appeals, Criminal Defense, Immigration, Constitutional Law