Padilla and Attorneys' Obligations When Advising Clients
The Supreme Court's recent holding in Padilla v. The Commonwealth of Kentucky now means the lawyer for an alien charged with a crime has a constitutional obligation to tell the client that a guilty plea carries a risk that he will be deported. Yet, under what circumstances does this new constitutional obligation arise and to what degree must the criminal defense attorney delve into advising the client about civil immigration law? This session will help explain how attorneys can best handle not killing their client’s chances of remaining in the country and to what degree a criminal defense lawyer must take on the new role of Immigration Lawyer.
These presentations were recorded August 23-25, 2012, during the Multi-Track Seminar and the Fundamentals of Federal Criminal Defense Training in Chicago, Illinois.
The Multi-Track Seminar was designed to offer in-depth instruction in a variety of substantive criminal defense areas. The five tracks for 2012 in Chicago were: 1) Sentencing in a Post-Booker World; 2) Immigration and a Closer Look at Padilla; 3) Computer Crimes, Social Networking and the Electronic Footprint We Leave; 4) Science, Experts and the National Academy of Science Report (NAS); and 5) Trial Skills: Techniques & Issues. Tracks 1-4 were presented in four distinct hour-long time blocks. These sessions were presented on Thursday, August 23, 2012 and then repeated on Friday, August 24, 2012. This design provided seminar participants with the opportunity to attend two of the four separate tracks taking place on Thursday and Friday.
On Saturday, August 25, 2012, seminar participants had the opportunity to attend both plenary and small group breakout sessions for the 5th track, Trial Skills: Techniques & Issues. Saturday sessions addressed topics of general interest and importance to criminal defense practitioners during trials. Each Saturday session was provided twice so attendees could attend two areas of interest concerning trial techniques & issues.
The following sessions were recorded and are available for viewing:
August 23, 2012
Defender Services Office Training Division
This Seminar is presented free of charge.