Does a defendant have a duty to inform their trial counsel of the consequences of their immigration status if they plead guilty?
California, United States of America
The following excerpt is from People v. Mendoza, E069918 (Cal. App. 2019):
In his reply brief, defendant argues that prior California court decisions imposed a pre-Padilla duty on trial counsel to inform their clients of the immigration consequences of their pleas. He relies upon People v. Soriano (1987) 194 Cal.App.3d 1470 (Soriano). In that case, the defendant submitted a declaration, stating that he informed his attorney he was an immigrant, and she told him if he pled guilty, he would serve just eight months
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