Obtaining Relief
Simply having a claim is not enough to obtain relief though. There are two parts to an ineffective of counsel claim. You must first prove that the lawyer’s performance was deficient. You must also establish that you were prejudiced. In this context, that means establishing that you would not have pleaded guilty if you had received accurate advice. The ability to do that depends on the facts of the case; if you were caught “red-handed”, and have no possible defense, you are going to have a difficult time establishing you would have insisted on going to trial.
I believe there will be a wave of claims involving defendants who receive some type of deferred disposition. The reason is that very few lawyers recognize that placement into such a program can subject a person to removal proceedings. Additionally, enforcement has stepped up, especially here in Georgia. I’ve seen a lot of people who were probably subject to removal proceedings, but nothing was ever done. Now, you can expect even the most minor offense will result in some type of action by ICE. Until criminal defense lawyers understand this, there are going to be people who suddenly find themselves in a holding facility, be it county jail or an immigration detention center. At that point, the options aren’t great, but at least you have some.
If you or a family member are in this situation, don’t wait. You need to contact a lawyer immediately.
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