Does a non-citizen defendant have a substantial right to complete immigration advisements before pleading guilty or no contest?

California, United States of America


The following excerpt is from People v. Arriaga, 169 Cal.Rptr.3d 678, 320 P.3d 1141, 58 Cal.4th 950 (Cal. 2014):

That noncitizen defendants have a substantial right to complete immigration advisements before pleading guilty or no contest does not compel the conclusion that a clear and convincing evidence standard should be imposed to rebut the presumption of nonadvisement in section 1016.5(b). In People v. Carpenter (1997) 15 Cal.4th 312, 380382, 63 Cal.Rptr.2d 1, 935 P.2d 708, for instance, this court held that although a jury's determination whether a defendant committed crimes other than those for which he was then being tried

[169 Cal.Rptr.3d 687]

"affected the substantial rights of the defendant, " such

[58 Cal.4th 963]

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