Criminal Procedure Rule Change Helps to Protect Immigrants
The Tennessee Rules of Criminal Procedure are put into place to ensure that defendants receive a fair trial and that criminal trials run as quickly, smoothly, and fairly as possible. Rule 11 of the Tennessee Rules of Criminal Procedure governs the entry, procedure, and acceptance of guilty pleas by a defendant in a criminal case. This is a rule that is tailored toward fairness to the defendant and focuses primarily on ensuring that the defendant is aware of the rights that he or she may be giving up in order to plead guilty. Specifically section (b) of Rule 11 lists all of the information that a court must relay to a defendant before accepting a guilty plea (that the defendant has a right to a trial by jury and is waiving that right by pleading guilty, e.g.). A recent change to section (b) will ensure that criminal defendants who are immigrants while holding attorneys accountable for properly checking the immigration consequences that may accompany a guilty plea by defendants.
Rule 11(b) of the Tennessee Rules of Criminal Procedure was recently amended to add the following language:
if the defendant pleads guilty or nolo contendere, it may have an effect upon the defendant’s immigration or naturalization status, and, if the defendant is represented by counsel, the court shall determine that the defendant has been advised by counsel of the immigration consequences of a plea.
Immigration, especially the illegal variety, has been a hot-button political issue as of late, so it is no surprise that changes are being made in the law with respect to immigration-related issues. The good news is that the amendments to Rule 11 actually provide more protection to clients by requiring their attorneys to both verify the citizenship status of the client as well as research and verify the actual consequences a conviction or guilty plea may have upon that person's citizenship. This will avoid an unfortunate occurrence where an individual accepts a guilty plea thinking that it is in his or her best interest only to find out that because that person accepted the plea they will now be deported. Attorneys who fail to take the proper precautionary steps prior to advising their clients to enter a guilty plea may be liable to their clients for damages if such a failure causes the client any immigration or deportation issues.
No matter what the charge, you need a criminal defense attorney who will advise you correctly as to all of the consequences surrounding the entry of a guilty plea. Contact an experienced Tennessee criminal defense attorney today to discuss your case during a free consultation.
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