In Commonwealth v. Abraham, decided by the Pennsylvania Superior Court on June 08, 2010, the Court ruled that a criminal defense lawyer must advise his client if a guilty plea will result in forfeiture of the teacher’s pension. In Abraham, the defense attorney did not advise his client that pleading guilty would result in a forfeiture of the client’s pension. After entry of the guilty plea the client’s pension fund was forfeited and the client filed a Post-conviction Relief Act petition, or PCRA, alleging ineffective assistance of counsel. The trial court had ruled that the lawyer was not ineffective, but the Superior Court reversed, in a holding similar to that of the recent United States Supreme Court holding in Padilla, posted here earlier, that a criminal defense lawyer must advise his client of the immigration consequences of a guilty plea to any crime that could result in deportation.
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NEW CASE DETAILS OBLIGATION OF CRIMINAL DEFENSE LAWYER ADVISING TEACHER RE: EFFECT ON PENSION
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Criminal defense and personal injury attorneys in Montgomery, Bucks and surrounding counties.
Steven F. Fairlie is Chair of the Montgomery County Criminal Defense Committee and AV rated by Martindale-Hubbell.
(215) 997-1000
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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
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Law Office of Fairlie & Lippy, P.C.
1501 Lower State Road, Suite 304
North Wales, Pennsylvania 19454
© 2010 Law Office of Fairlie & Lippy, P.C.
Fairlie & Lippy, P.C. are Pennsylvania lawyers representing criminal, DUI and personal injury clients throughout Montgomery County and Bucks County including Horsham, Montgomeryville, Montgomery Township, North Wales, Norristown, Doylestown, Blue Bell, Whitpain, Lower Gwynedd, Upper Gwynedd, Lansdale, Hatboro, Chalfont, Warrington, Lower Providence, Upper Providence, New Britain, Hatfield, Soudertown, Skippack, Lower Merion, Upper Merion, King of Prussia, Abington, Cheltenham, Jenkintown, Upper Moreland, Lower Moreland, Worcester, Upper Dublin, Plymouth, Glenside, Towamencin, Conshohocken, East Norriton, West Norriton, Limerick, Franconia, Villanova, Whitemarsh and surrounding communities.