Sunday, July 27, 2014

Why Is the Judge Telling Me About Deportation For A DUI When I Am A Citizen

In California, the Judge is required to tell anyone in a criminal case the consequences of a plea of guilty.  Among these consequences re those pertaining to immigration.   The Court cannot ask a defendant if they are here legally or what their status is.  The Judge must inform everyone as follows:

 If you are not a citizen of the United States, you should assume that your plea of [guilty/no contest] will result in your deportation from the United States, exclusion from admission to the United States, or denial of naturalization as a United States citizen. Do you understand that?
It is highly recomended that The court should give the Pen C §1016.5 advisement to all defendants because the court may not inquire into a defendant’s legal status. See Pen C §1016.5(d); People v Aguilera (1984) 162 CA3d 128, 133, 208 CR 418.