Archive for February 2013

NEW JERSEY LAWYERS EVALUATE PAIR OF RULINGS ISSUED DISCUSSING WARNING RIGHTS FOR FOREIGN-BORN DEFENDANTS

Two rulings issued recently addressed the appropriate warning of mandatory deportation for foreign-born citizens facing criminal convictions. In State v. Duroseau, A-1740-08, the defendant, a Canadian citizen, pled guilty to CDS possession within 1,000 feet of a school zone and unlawful possession of a weapon, both third degree offenses. The form signed by the defendant stated that the guilty plea “may result in deportation.” After serving his prison term the defendant immediately faced deportation proceedings. In State v. Delgado, A-3276-08, the defendant’s New Jersey criminal attorney argued his client was denied permanent residence with the Department of Homeland Security and Immigration Services due to a prior conviction.  In both cases, the defendants argued through their respective New Jersey attorneys that the guilty plea neglected to instruct the defendant of the deportation consequences when they entered a guilty plea.

Both cases applied rulings by the New Jersey Supreme Court ruled in State v. Nunez-Valdez, 200 N.J. 129 (2009) and the U.S. Supreme Court, in Padilla v. Kentucky, 130 S. Ct. 1473 (2010) which established that “foreigners must be warned in no uncertain terms about the impact of criminal convictions on their immigration status.” The two cases held that a failure to properly advise of the deportation consequences entitles the defendant to another day in court.    For more information on the criminal process in New Jersey, please visit the website of New Jersey Attorney John F. Renner.

Legal Quote of the Week:

“It is the worst oppression, that is done by the colour of justice.”

Sir Edward Coke, The Institute of the Lawes of England, vol. 2, 1628-1641