The United States Supreme Court says criminal defense attorneys must provide accurate advice to their clients about whether a criminal conviction or plea deal will trigger immigration consequences like deportation because criminal and immigration law have become increasingly intertwined. However, many criminal defense attorneys do not truly understand the immigration consequences their clients may face as a result of a conviction before a plea bargain or trial.
Currently, the only institutional, reliable source in Maryland for this pre-trial advice is the Maryland Office of the Public Defender (MOPD). But MOPD cannot meet the need of all Maryland immigrants with criminal charges facing deportation, leaving a large, unmet need.
In cases where people are already suffering the effects of a past conviction, there is an even greater need for legal help to alleviate those often-unexpected consequences. Very few lawyers – and even fewer affordable ones – have the expertise to bring a post-conviction petition to challenge the constitutionality of a plea entered without good pre-trial advice.
The Chacón Center will provide a variety of services, including accurate, pre-trial immigration advice concerning the consequences of any potential plea or conviction. By getting accurate, pre-trial advice, immigrants facing criminal prosecution can avoid unknowingly accepting a plea deal that would result in adverse immigration consequences, like deportation. Immigrant defendants can make informed decisions, balance risks, and enter into plea agreements with full knowledge of the consequences for them and their families. We will also provide accurate, post-trial immigration advice for individuals who end up in deportation proceedings because of a conviction and advise on the viability of challenging a conviction through post-conviction or proceedings. Finally, we will provide trainings for practicing attorneys to develop expertise in this area of the law.
With these services, our goal is to help ensure the constitutionality of criminal court proceedings for all Marylanders and prevent deportations through unlawfully obtained convictions, keeping Maryland families together.
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