Your Right to Legal Counsel: Protections for Defendants Seeking to Withdraw Pleas Due to Immigration Consequences
When facing criminal charges, one of the most fundamental rights protected by the Constitution is the right to legal counsel. This right becomes even more critical when defendants later discover that their guilty pleas carry severe immigration consequences they were never warned about.
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 appeals attorneys near you.
Understanding Penal Code Section 1473.7
California Penal Code Section 1473.7 provides a vital legal remedy for defendants who entered guilty pleas without fully understanding the immigration consequences of their convictions. This statute specifically allows noncitizens who are no longer in custody to petition the court to vacate their convictions when “prejudicial error” has compromised their ability to meaningfully understand, defend against, or accept the immigration consequences of their plea.
The law recognizes that many defendants, may have entered pleas without truly comprehending how their convictions could affect their immigration status. These consequences can be devastating, potentially leading to deportation, inability to naturalize as a U.S. citizen, or permanent bars to re-entering the United States.
The Constitutional Right to Counsel in Post-Conviction Proceedings
While defendants clearly have the right to counsel during their initial criminal proceedings, the question of whether this right extends to post-conviction motions under Section 1473.7 had remained unclear. A recent appellate decision addresses this critical gap, establishing that constitutional principles require the appointment of counsel for indigent defendants who make a prima facie showing for relief under this statute. (People v. Gutierrez)
The court’s reasoning centers on the fundamental principle that when a defendant has presented sufficient evidence to warrant further investigation and the matter proceeds to an evidentiary hearing, constitutional due process protections are triggered. At this stage, the complexity of the legal issues and the potential consequences make effective legal representation essential.
Why Legal Representation Matters in Immigration-Related Cases
The intersection of criminal and immigration law creates additional layers of complexity that even experienced attorneys find challenging. For defendants representing themselves, navigating these waters without counsel is virtually impossible.
Effective legal representation can make the difference between success and failure in a Section 1473.7 motion. An experienced attorney can:
- Properly investigate the circumstances surrounding the original plea
- Gather evidence of inadequate advisement regarding immigration consequences
- Present compelling legal arguments based on current case law
- Navigate complex procedural requirements
- Advocate effectively during evidentiary hearings
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense 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 attorney near you.
