'Padilla v. Kentucky' and the Hidden Costs of Criminal Conviction

In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the U.S. Supreme Court held that an attorney’s failure to render correct legal advice to a noncitizen criminal defendant concerning the deportation consequences of a guilty plea constituted ineffective assistance of counsel under the Sixth Amendment to the U.S. Constitution. This holding, and the rationale underlying it, are already generating far-reaching repercussions for the entire criminal justice system—and, in particular, the criminal defense bar. While criminal defense counsel have felt the most immediate effects, subsequent case law makes clear that trial courts also have the duty to ensure that criminal defendants are properly advised of the important consequences of a guilty plea. Indeed, since Padilla was decided, courts around the country have imposed upon the courts and defense counsel alike the duty to advise criminal defendants not only of the deportation consequences of a guilty plea, but of a variety of other consequences that could flow from criminal conviction.

This article discusses the significance of the Padilla decision and rationale, examines post-Padilla case law in New York and throughout the country, analyzes the implications of Padilla and its progeny, and recommends strategies to assist defense counsel in navigating through this uncertain and evolving area of law.

Direct and Collateral