Criminal Pleas and Deportation Consequences

A Florida District Court of Appeal has concluded that it is ineffective assistance of counsel for an criminal defense attorney to advise a client that a criminal plea “may” have deportation consequences when it “will” result in deportation. The Court opined that the warning in Florida Rule of Criminal Procedure 3.172 (c) (8) is insufficient to bar an immigration-based ineffective assistance of counsel claim.

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