REPRESENTING FOREIGN NATIONALS: Immigration Consequences: Padilla v Kentucky Orall Argument

Wednesday, October 14, 2009

Immigration Consequences: Padilla v Kentucky Orall Argument

Justices Seem Sympathetic, but Question whether they will fashion Remedy. Oral Argument New York Times, October 14, 2009.

Issue: Will the United States Supreme Court recognize a criminal defense attorney's obligation to advise re immigration consequences and provide veteran Padilla relief from removal? See NACDL's Amicus Brief on line.

Interpreter Issues, Cultural Defense, Consular assistance

Cultural Issues in Criminal Defense is an indispensable book for the criminal defense lawyer representing people from other cultures, nationalities or ethnic backgrounds. Lawyers defending these individuals face a host of characteristic concerns that include cultural barriers to communication, the need for qualified interpreters, unique Fourth and Fifth Amendment issues, cultural defenses, issues involving Native Americans, the immigration consequences of a conviction, and distinctive sentencing issues. Packed with practice tips and helpful precedent cases, Cultural Issues in Criminal Defense is the only book on the market that walks the practitioner through these issues in a clear, comprehensive and systematic way.

Read review in the Utah Bar Journal.

Please tell Juris Publishing you read about Cultural Issues on Linda Ramirez's Blog and receive a 20% discount!

The Importance of Using a Qualified Interpreter

An attorney’s ability to provide effective assistance of counsel to a Limited English Proficient (LEP) client, depends on the proper use of a qualified interpreter. Likewise, the integrity of a judicial proceeding requires accurate interpretation of witness or defendant testimony. Although these principles are very basic, defense counsel is often faced with the practical problem of finding qualified interpreters, or educating the Court as to why such qualifications are important. There is no greater need for qualified interpreters than in the context of discussions regarding plea negotiations. For example, even minor criminal offenses can result in a non-citizen’s forced removal from the United States In deciding whether to go to trial or whether to plead guilty and, if so, to what particular offenses, a defendant may be required to make a decision that could radically change his or her future. The attorney depends on a qualified interpreter to help communicate the difficult concepts that must be considered in applying complex legal principles to the facts of the defendant’s case.

REPRESENTING FOREIGN NATIONALS

International and Federal Criminal Defense

Wednesday, October 14, 2009

Immigration Consequences: Padilla v Kentucky Orall Argument

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