Supreme Court decides that illegal immigrants have a Constitutional right to competent counsel that citizens do not always have

Filed under: Uncategorized — Steve @ 10:32 am

The United States Supreme Court recently decided the case of Padilla v. Kentucky, holding that attorneys must advise illegal immigrants of the possibility of deportation as a consequence of any guilty plea to a criminal charge. While I strongly agree that competent criminal defense counsel should always advise ALL possible consequences of a guilty plea, including a penalty as severe as deportation, I also strongly believe that other consequences like driving privileges, the right to maintain professional licensure, and the right to bear arms should have just as much protection. Under current Pennsylvania law, if an attorney fails to advise his client that a guilty will result in loss of the client’s driving license, ability to own or possess a firearm, or ability to practice the client’s profession, there is no remedy. I have dealt with many cases where individuals represented by attorneys dabbling in criminal law lost their driver’s license, their professional license, or their right to bear arms, without ever knowing that such loss was even a remote possibility as a result of the plea. In fact, in each of these cases the result complained of was certain to happen as a result of the plea and the attorney just didn’t know any better. It is time for Pennsylvania’s courts to demand the same quality of representation for the citizens of Pennsylvania as the United States Supreme Court has extended to illegal aliens.

Criminal defense and personal injury attorneys in Montgomery, Bucks and surrounding counties.

Experienced, knowledgeable and determined trial attorneys for your criminal defense and personal injury needs. Free initial consultation.

Steve Close Steven F. Fairlie is Chair of the Montgomery County Criminal Defense Committee and AV rated by Martindale-Hubbell.

(215) 997-1000
Read Bio

Liz Close Ms. Elizabeth L. Lippy has been recognized for her legal skills by being named a “Lawyer on the Fast Track,” by the Legal Intelligencer.

(215) 997-1000
Read Bio

Law Office of Fairlie & Lippy, P.C.
1501 Lower State Road, Suite 304
North Wales, Pennsylvania 19454