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Criminal Lawyers and Clients Beware: State v. Green, 944 So. 2d 208 (Fla. 2006)

By Ileana Haedo, Esq. | November 7, 2007

In 2006, the Florida Supreme Court, in State v. Green, receded from its previous holding in Peart v. State, 756 So. 2d 42 (Fla. 2000) (holding defendant who had entered a plea, and subsequently faced deportation, had to demonstrate threat of deportation due to plea).  As a criminal defense attorney, you are faced with the immense responsibility of ensuring that your client’s plea offer does not subject him/her to deportation.  If you have no immigration law experience, please refer your client to an attorney that understands this area of the law.  Do not wait until the day of the plea hearing to explain this to your client.  This should be done in the first meeting with the client.  The consequences  of a plea offer are could be severe.  If you are a client who is not a citizen of the United States, consult with an attorney who understands the immigration/criminal laws and how they interact with one another.  Your failure to do so, may render you deportable from the United States.

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