Does a plaintiff have to do more than a "formulaic warning or pro forma caution" from his attorney about the consequences of a criminal plea?
California, United States of America
The following excerpt is from People v. Patterson, E060758 (Cal. App. 2015):
Defendant relies on People v. Soriano (1987) 194 Cal.App.3d 1470, for the proposition that his attorney was obliged to do more than tell him the immigration consequences of the plea in general terms. (See Id. at pp. 1480-1482 [a "formulaic warning" or a "pro forma caution" from the attorney was not "founded on adequate
Page 7
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts interpreted plea agreements where a defendant's plea agreement states that he should receive a jail sentence based on his criminal conviction rather than that set forth in the criminal plea form? (California, United States of America)
Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
Can a criminal defendant who appeals following a plea of no contest or guilty without a certificate of probable cause raise issues arising after the plea that do not affect the validity of the plea? (California, United States of America)
Is there a consequence that if a gang member is convicted of a criminal offence by virtue of his or her actions, such that the crime proceeds to a criminal enterprise and the criminal damage caused by the crime? (California, United States of America)
What are the consequences of section 352 of the California Criminal Code when a defendant has a history of criminal convictions? (California, United States of America)
Can a court clerk be held liable under section 821.6 of the California Criminal Code for failing to file a criminal complaint against plaintiff? (California, United States of America)
Is a defendant entitled to an ineffective assistance of counsel claim because his attorney failed to properly advise him of the consequences of his guilty plea? (California, United States of America)
When a defendant withdraws his plea to withdraw his plea prior to sentencing and claims his court-appointed counsel was prejudicially ineffective, what is the test for withdrawing his plea? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
