How to vacate a Plea in Massachusetts to Avoid Deportation

Описание: In this video, Attorney DelSignore explains the steps you may need to take to vacate a plea to avoid deportation. At DelSignore, we have helped non-citizens remove old convictions in order to stay in the country. When you are a non-citizen and plea to a crime of moral turpitude or an aggravated felony under the federal immigration laws, you may need to remove this plea in order to improve you chance to stay in the United States or adjust your status.

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Hi, it's Mike DelSignore. In today's video, I want to talk about what happens if you're not a citizen and you're facing deportation and you're trying to vacate an old conviction that's preventing you from either staying in the country or you're looking at removal proceedings.

So if let's say for example, you have a conviction that is preventing you from staying in the country, ICE is trying to remove you from the country. A lot of times that's going to be what they call an aggravated felony or a crime of moral turpitude. It could be a domestic charge. It could be a drug offense. It could be a gun charge. It's going to be a fairly substantial crime typically so what you need to do is you need to then bring that case back to court to see if the DA will either, A, reopen it and allow you to plea out to a different disposition, or whether you can vacate the plea in its entirety and go to trial on the charge.

Immigrants who face these kind of issues need a lawyer that's done this before. I had a case where a gentleman had admitted to a domestic charge, an aggravated felony, very serious crime under federal immigration law. I was able to vacate that plea to allow him to stay in the country. So there's different ways you can try to vacate a plea. Sometimes the argument is that you weren't properly given the immigration warning, sometimes it's the argument that you weren't given effective representation when you initially resolved the case. You didn't knowingly, intelligently, voluntarily admit to the charges. You didn't know the full consequences of what you were doing and that's why you're asking the court now to reopen the case and give you a new trial.

So what's the first thing I would do if you hired me for a case like that? First, get all the paperwork from the court, get a copy of the police sheet, the police report. See if this is a case that, one, at the time, did they have a strong case at the time? Should you have resolved it? Do they have the evidence now, if they still want to prosecute you, to prosecute the case? So we want to look at the case to see what was the case like at the time. Was it defensible and what is it like now? Is it still defensible?

Then the next step is we've got to prepare an affidavit. We want to prepare what are the reasons we want to put forth in our motion to tell the court why this plea should be removed, why we should undo this plea. So we put all that down in writing. We put a motion, it's called a motion for new trial in terms of how the court looks at it. Then I would send it to the DA and I would try to actually conference with the DA to see if I can get any agreement with the DA about what should happen with the case. If I can, obviously that makes it easier. If I can't, then we have the judge here and we present all of your mitigation. We want to show how long have you been in the country, what's your family status? What are your ties to the United States? What are your contributions to the country?

Because ultimately, what we're going to do is we're going to present to the judge an argument and we want it both compelling from a factual point of view that they should undo this plea, and from an emotional point of view, that you're a great person, you have ties to this community, that if the judge doesn't allow our motion, that he's going to be breaking up a family or setting aside something that shouldn't be set aside making you leave the country, leaving your family, your connections behind, your employment, where you've had probably your entire life and you want that preserved.

So if you have questions about this, if you're not a citizen, you have questions about what you can do to stay in this country, if you're facing deportation proceedings, give me a call. My cell, 781-686-5924. I can call, text anytime at that number.

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