Habeas
Corpus Action to Set Aside Ill-Advised Drug
Offense Plea Granted to Woman 15 Years Later
In criminal cases, a person's
failure to understand potential job, immigration
or similar consequences of a guilty or nolo
contendere plea (the law calls these "collateral
consequences") will generally NOT be
grounds to set aside an ill advised plea.
However, in one recent case, the Georgia Supreme
Court found that where the immigrant specifically
ASKED her legal counsel about the consequences
to her ability to remain in the United States,
and was misinformed, this amounted to a constitutional
violation for "ineffectice assistance
of counsel". Faced with NOT being able
to become an attorney AND being deported by
INS, she sought to undo her incorrectly advised
plea. Hence, the ill-advised "no contect"
plea to a very questionable "drug"
charge was ordered "vacated" (removed
from her record).
CLICK HERE
to read more on this case.
