As an Alabama appellate lawyer, I often encounter people who want to withdraw their guilty plea in a criminal case. These defendants often say they showed up to go to trial on their criminal charges, only to have their lawyer pressure them into taking a plea bargain at the last minute. After having a little […]
The United States Supreme Court recently held that an attorney’s duty to provide effective assistance of counsel includes the responsibility of providing accurate advice about the immigration consequences of a guilty plea. Providing incorrect legal advice to an immigrant about the deportation consequences of a guilty plea to drug trafficking charges constitutes ineffective assistance of counsel, and can serve as grounds for setting aside a guilty plea. In Alabama, such a petition would be raised under Rule 32 of the Alabama Rules of Criminal Procedure, which provides Alabama’s method for asserting that a defendant received ineffective assistance of counsel.