Blog
CALL US FOR A FREE CONSULTATION
Call Us831-426-5800 Call Us831-566-4357
303 Potrero Street, Suite 30, Santa Cruz, CA 95060
Subscribe to this list via RSS Blog posts tagged in possession of a firearm

In 2009, a Watsonville man entered a guilty plea to felony gun charges. The 37-year-old man is a Mexican immigrant married to a U.S. citizen. After entering the plea, the man learned that the conviction may lead to deportation. He attempted to withdraw his plea and was denied.

Last year the United States Supreme Court issued its ruling in a separate case mandating that a criminal defense attorney has a duty to inform defendants of possible ramifications that a criminal conviction may have on the defendant's immigration status. On March 11, 2011, the 9th U.S. Circuit Court of Appeals vacated the Watsonville man's guilty pleas based upon the U.S. Supreme Court precedent.

The 37-year-old man's case has been remanded to the U.S. District Court in San Jose. The man has served nearly the entire balance of a two year prison sentence related to the original plea agreement. He reportedly was scheduled to be released from the sentence on May 10. Now the matter returns to the District Court for determination of whether the case will be retried.

...
Back to Top