Appeals Court Allows Man to Withdraw Guilty Plea After Lawyer Failed to Explain Immigration Consequences
At Wallin & Klarich, we know how devastating it can be when a guilty plea leads to unexpected immigration consequences. Recently, a man won his appeal after the court found that his original attorney failed to properly advise him about the risk of deportation before pleading guilty to a felony.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our defense appeals attorneys near you
The Case
Juan Carlos Benitez-Torres came to the United States at just 12 years old. He was a lawful permanent resident, married to a U.S. citizen, and the father of five children.
In 2015, police stopped him while he was driving a car that was not registered in his name. A search revealed methamphetamine hidden in compartments in the vehicle. Prosecutors charged him with serious narcotics offenses, and his family hired an attorney for $15,000.
Over the next few months, five other attorneys appeared in his case. One waived his preliminary hearing, and his main attorney appeared in court only four times, failed to file a motion to suppress the evidence, and did virtually no investigation. In the end, his lawyer advised him to accept a three-year plea deal—without explaining the immigration consequences.
Benitez pled guilty and was later deported.
The Appeal
In 2023, Benitez filed a motion under California Penal Code § 1473.7, which allows a person to withdraw a guilty plea if they can show they did not meaningfully understand the immigration consequences and would have made a different decision if properly informed.
The Court of Appeal agreed with Benitez. His attorney admitted he didn’t remember the case and only generally told noncitizen clients that they “might” need an immigration attorney. Under Padilla v. Kentucky (2010), defense attorneys have a duty to understand and clearly explain immigration consequences when advising a client about a plea. The court ruled that this duty was not met and allowed Benitez to withdraw his guilty plea.
Why This Matters
This case shows why having a qualified and experienced criminal appeals lawyer is critical if you are trying to withdraw your guilty plea. The appeals process is complex, and winning requires in-depth legal knowledge, careful case review, and aggressive advocacy.
If your lawyer failed to tell you about the immigration consequences of your plea—or if you believe your rights were violated—you may still have a chance to fight back.
The Importance of a Criminal Defense Appeals Attorney
Appeals are not simply “re-doing” your trial—they are a highly technical process with strict deadlines, unique legal rules, and a different set of skills than trial work. A Wallin & Klarich criminal defense appeals attorney understands how to:
- Spot legal errors that may have violated your rights.
- Gather and present evidence in a way that meets appellate court standards.
- Use case law and statutes effectively to argue for reversal or withdrawal of a plea.
- Navigate procedural hurdles that can make or break your case.
Without an experienced appellate lawyer on your side, you could lose the opportunity to correct a wrongful conviction or undo a plea that never should have happened.
Contact Wallin & Klarich Today
If you are looking to withdraw a guilty plea after experiencing immigration consequences, you need to contact an experienced appeals attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients successfully appeal in their criminal cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense appeals attorney near you.
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