Assignment You have asked me to research the Padilla claim to determine whether our client, Piotr Budziszewski, had ineffective assistance of counsel because they failed to let him know that he would face deportation if plead guilty to one count of possession of a controlled substance with intent to sell.
Legal Issue
When counsel fails to notify their client of the immigration consequences that would come from pleading guilty, are they guilty of ineffective counsel thus violating the client’s rights guaranteed by the Sixth Amendment?
Facts
Piotr Budziszewski, a Polish man and lawful permanent resident of United States plead guilty to one count of possession of a controlled substance with intent to sell, an aggravated felony. He was originally charged with two counts of selling narcotics by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b), and two counts of possession of a narcotic substance with intent to sell in violation of General Statutes § 21a-279 (a). Budziszewski hired Gerald Klein to be his defense attorney who then proceeded to negotiate the lesser charge as part of a plea agreement. Budziszewski pleads guilty to the lesser charge, which resulted in him being detained. After forty-five days of incarceration, the petitioner was …show more content…
The charges carried a minimum sentence of five years imprisonment with a maximum term of twenty years, General Statutes § 21a-278 (b). Based on the original counsel of Gerald Klein. Mr. Budziszewski agreed to a plead guilty to one count of possession of a controlled substance with intent to sell, an aggravated felony. It is because of this plea that our client now faces
Legal Issue
When counsel fails to notify their client of the immigration consequences that would come from pleading guilty, are they guilty of ineffective counsel thus violating the client’s rights guaranteed by the Sixth Amendment?
Facts
Piotr Budziszewski, a Polish man and lawful permanent resident of United States plead guilty to one count of possession of a controlled substance with intent to sell, an aggravated felony. He was originally charged with two counts of selling narcotics by a person who is not drug-dependent in violation of General Statutes § 21a-278 (b), and two counts of possession of a narcotic substance with intent to sell in violation of General Statutes § 21a-279 (a). Budziszewski hired Gerald Klein to be his defense attorney who then proceeded to negotiate the lesser charge as part of a plea agreement. Budziszewski pleads guilty to the lesser charge, which resulted in him being detained. After forty-five days of incarceration, the petitioner was …show more content…
The charges carried a minimum sentence of five years imprisonment with a maximum term of twenty years, General Statutes § 21a-278 (b). Based on the original counsel of Gerald Klein. Mr. Budziszewski agreed to a plead guilty to one count of possession of a controlled substance with intent to sell, an aggravated felony. It is because of this plea that our client now faces