New Jersey Post-Conviction Relief Court Decision

The New Jersey Superior Court recently held that an attorney can be constitutionally ineffective if he provides legally incorrect information to his client regarding the effects of a guilty plea on immigration status and the defendant relied on that information in making his decision to plead guilty.

This decision gives defendant’s the ability to seek post-conviction relief in New Jersey on these grounds. A defendant who pleads guilty to a removable offense based on the legally incorrect information from his/her attorney can now file a post-conviction relief application and successfully argue that the court should vacate the guilty plea. Prior to this decision, relief based upon similar grounds was difficult, if not impossible to obtain. I will continue to post more information on this important decision in the coming weeks

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