What is the test for a defendant to plead guilty or no contest in a civil case?

California, United States of America


The following excerpt is from People v. Huda, E064981 (Cal. App. 2016):

"Before accepting a plea of guilty or no contest, a trial court is statutorily required to advise a defendant that if the defendant is not a citizen of this country, the plea could result in deportation, exclusion from the United States, or denial of naturalization. (Pen. Code, 1016.5, subd. (a).)" (People v. Arriaga (2014) 58 Cal.4th 950, 955.) Specifically, section 1016.5 requires a trial court to administer the following advisement on the record before it accepts a defendant's plea of guilty or no contest: "If you are not a citizen, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States." ( 1016.5, subd. (a).)

Other Questions


What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Does Defendant have any grounds to argue that the Court's recent rulings in a civil case against the Defendant violated the Defendant's civil rights? (California, United States of America)
In deciding to plead guilty in a criminal case, has there ever been a finding that a defendant was not fully capable of rationally weighing the pros and cons of forgoing a trial and pleading guilty? (California, United States of America)
Is there any case law where a defendant has been found to have improperly used a judge's comments in a federal civil case to justify a finding of not guilty? (California, United States of America)
Does a defendant who pleads not guilty by reason of insanity have to plead not guilty to the same charge under section 1016 of the California Criminal Code? (California, United States of America)
Is there any case law where a defendant has been found to have improperly used a judge's comments in a federal civil case to justify a finding of not guilty? (California, United States of America)
Can a defendant plead guilty on appeal for the purposes of pleading guilty to assault? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Can a defendant plead guilty to a charge under section 1473.7 of the California Civil Code of Civil Procedure? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.