Houman Fakhimi

Failure to Advise of Immigration Consequence can Lead to In-Effective Assistance of Counsel

According to Courthouse News Service the lawyer who advised a Honduran immigrant to plead guilty to drug distribution charges failed to provide him with an adequate defense in violation of the Sixth Amendment, because he did not advise his client of the fact that the plea could result in his deportation. the Supreme Court ruled. ( The Supreme Court in a 7-2 to vote held that Jose Padilla who had plead guilty to possession of drugs for distribution and sales should have been advised by his counsel that his plea will subject him to immediate deportation.

Orange County drug sales attorneys know that many drug charges especially those related to sales and trafficking can trigger deportation and loss of legal status for aliens. This consequence can become a reality even if the defendant does not have any prior record or has been in the country for a very long time. That is why our Riverside drug transportation attorneys look for every alternative and consider the defendant's entire range of choices before we make a recommendation about a plea. It should be noted that according to recent cases even simple possession charges can result in deportation proceedings if the defendant is considered a recidivist. Our Newport Beach drug possession and Newport Beach drug sales attorneys can offer creative pleas, which may save the accused his or her legal status in the United States