Jacksonville Criminal Lawyer Blog
Criminal defendants in Florida who are subject to deportation if they plead guilty or no contest to a crime must be informed of the possibility of deportation before they enter a plea of guilty or no contest to a crime. This is typically done during what is called the plea colloquy where the judge informs the criminal defendant of his or her rights prior to pleading guilty or no contest to a crime.
The criminal defense lawyer for a defendant should also determine if the client is subject to deportation if he or she pleads guilty or no contest to a crime and discuss this with the defendant before the decision to enter the plea is made.
If a criminal defendant in Florida (who is subject to being deported) pleads guilty or no contest to a crime without being told that he or she could be deported as a result of the guilty or no contest plea, the criminal defendant may be allowed to withdraw his or her guilty or no contest plea. The result of a withdrawal of the plea is that the defendant is in the same position he or she was in before the guilty or no contest plea was entered. The same charges are still pending.