Miami Immigration Lawyers : Immigration Attorney In Miami :: Deportation Defense |  | Motions to Vacate criminal convictions

Motions to Vacate criminal convictions

POZO & GOLDSTEIN, LLP

FORMER U.S. IMMIGRATION PROSECUTOR - FORMER MIAMI-DADE COUNTY JUDGE

This motion asks the court to vacate your plea based on the judge's failure to warn you that the plea amounts to a conviction that coud result in your deportation. Without that warning, your plea was not "knowing" or "voluntary" because the court did not follow the law and inform you about all of the consequences of giving up your right to trial and entering a plea of guilty. 

Once your plea is vacated because the trial court failed to warn you about deportation, the original conviction should not be used against you in immigration court.  The government; however, may argue that since the plea was vacated because the court failed to tell you about the deportation consequences, the vacation has no effect and you should be considered to be convicted for immigration purposes.

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