One of our clients, a Pakistani National, was charged with aggravated theft back in 2002. This charge has serious immigration consequences as such can render a permanent resident inadmissible and deportable. Hence if this person was to leave the country they may not be permitted to re-enter. Attorney Scott Bratton filed a motion to vacate our client’s plea based upon careful study of the transcripts.
Took plea with no immigration consequences
The advisement that this person was not an American Citizen and a foreign national upon entering a plea to a criminal charge may be found excludable, inadmissible and/or deportable. That advisement, required by Ohio Law was not read to our client back in 2002 and our client’s constitutional rights were violated. Attorney Bratton attended the hearing on the vacating of the plea, and convinced the Judge that this was in the best interests of justice and the Judge agreed to vacate the plea. Upon vacating the plea, we then negotiated a better plea deal from a Felony charge to a Misdemeanor charge for our client. Rather than going to trial, our client agreed to the plea deal, and this plea deal and subsequent criminal conviction does not have any immigration consequences. Our client is now wishing to apply for citizenship.
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