Many years ago, the Administrative Office of the Court prepared a standardized form to be used in all cases where a defendant pled guilty to a crime. The purpose of the form was to advise the defendant of the consequences of his/her decision to plea guilty, so as to insure that the plea was grounded upon a knowing and intelligent waiver of certain basic rights provided to all people accused of a crime. By necessary implication, the standardized plea form, which was signed by the defendant, prevented the prospects of having a defendant move to vacate a guilty plea grounded upon a claim that the defendant did not truly understand the implication of the guilty plea.
A few months ago, the New Jersey Supreme Court allowed a defendant to vacate a guilty plea because his defense attorney did not advise him that the plea would trigger his deportation. Noteably, the plea form signed by the defendant in this case required the defendant to acknowledge that the guilty plea "may" cause deportation. Recently, the court revised the standard plea form to recite language that aliens who are convicted of certain "aggravated felonies" will be deported if they plea guilty.
Frank T. Luciano, Esq., is a trial lawyer in Bergen County, Passaic County, Hudson County and Morris County with over thirty years of experience in the defense of criminal prosecutions with special emphasis in drug crimes and drunk driving (DWI/DUI) offenses.
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