Padilla v. Kentucky
Case Date: 03/31/2010
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Padilla v. Kentucky, 130 S. Ct. 1473 (2010), is a case in which the United States Supreme Court decided that criminal defense attorneys must advise non-citizen clients about the deportation risks of a guilty plea. The case extended the Supreme Court's prior decisions in criminal defendants' Sixth Amendment right to counsel context.
The duties of Counsel recognized in Padilla are broad and include where the law is unambiguous, attorneys must advise their criminal clients that deportation "will" result from a conviction. Second, where the immigration consequences of a conviction are unclear or uncertain, attorneys must advise that deportation "may" result. Finally, attorneys must give their clients some advice about deportation—counsel cannot remain silent about immigration.
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