QUESTION
Could I reopen my case if my P.D. did not inform me of how pleading guilty could affect my immigration status?
Asked on May 21st, 2015 on Criminal Law - Indiana
More details to this question:
I was offered a plea but was never informed that signing such plea could affect my immigration status only my right on possessing a handgun was explained.
1 ANSWER
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
Yes, that can be a basis for a PCR petition to vacate the plea. Remember that it would open you up to prosecution for the original charges, and a worse sentence; many people think mistakenly that asking a court to vacate a guilty plea can only help them, and that is not so.
Answered on May 27th, 2015 at 8:46 AM