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Complying with Padilla Pursuant to the New Supreme Court Holding: What is Expected of Attorneys When Representing and Advising Citizen Clients Facing Federal Convictions and What Does the Process
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Complying with Padilla Presentation refers to the act of submitting a presentation that meets the requirements set forth in the Padilla v. Kentucky Supreme Court case. It pertains to providing accurate and comprehensive advice to non-citizen defendants regarding the potential immigration consequences of a guilty plea.
Attorneys representing non-citizen defendants who are facing criminal charges are required to file a complying with Padilla presentation. It is their responsibility to provide accurate advice about the immigration consequences of a guilty plea to their clients.
To fill out a complying with Padilla presentation, attorneys should thoroughly research and analyze the immigration consequences of the plea options available to their non-citizen clients. They should provide written advice to their clients, explaining the potential risks and benefits of each plea option.
The purpose of complying with Padilla presentation is to ensure that non-citizen defendants receive accurate and comprehensive advice regarding the immigration consequences of their plea options. It aims to protect their right to make fully informed decisions about their criminal cases.
The complying with Padilla presentation should include information such as the potential immigration consequences of each plea option, the likelihood of deportation or removal, and any available options for mitigating or avoiding these consequences. It should also include the attorney's professional opinion on the best course of action for the client.
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