Guilty plea arising from ineffective plea negotiations set aside; client resolves case with no immigration consequences
January 31, 2018, Lawrence District Court case no. 0718CR6788 charging mayhem, assault and battery dangerous weapon (ABDW) and assault and battery (A&B). At a house party, client allegedly smashed a glass into victim's eye, causing serious injury. On advice of court appointed lawyer, client pleads guilty to ABDW and A&B and is sentenced to 18 months suspended. Client, now a certified nursing assistant, married, and mother of two, learns she is facing mandatory deportation as an aggravated felon. In 2011, client retains Boston law firm to file motion for new trial. The motion is denied. In 2016, client retains our office. We file a motion for new trial. On January 31, 2018, the government concedes that her prior plea was invalid because of her prior lawyer's deficient performance. We negotiate a new agreement for a plea to the lesser charge of simple a&b which carries no adverse immigration consequences.
Practice area(s): Appeals, Criminal Defense, Immigration, Constitutional Law
Court: Lawrence District Court