Fred Sisto | Criminal Attorney | Ocean and Monmouth County

Call Us Today
732-898-3232

  • Home
  • Criminal Defense Services
    ▼
    • Drug Crimes
      ▼
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      ▼
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      ▼
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      ▼
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    ▼
    • Testimonials
    • Defending Cases In
      ▼
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    ▼
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
  • Home
  • Criminal Defense Services
    • Drug Crimes
      • Drug Manufacturing
      • Intent to Distribute Narcotics
      • Prescription Drug Crimes
      • Leader of Narcotics Trafficking Network
    • Weapons Charges
      • Prohibited Weapons and Devices
      • Manufacture, Transport, etc. of Weapons
      • Illegal Possession of a Gun
      • Possession of Weapons for Unlawful Purposes
    • Expungements
    • Theft Attorney
    • Violent Crimes
      • Robbery/Burglary
      • Manslaughter
      • Extortion
      • Assault
      • Sexual Offenses
    • Arson
    • DUI / DWI
      • Alcohol DUI
      • Drug DUI
      • Refusing a Breath Test
    • Driving with A Suspended License
    • Property Forfeiture
    • Anti-Drug Profiteering
    • Juvenile Delinquency
  • Español / Spanish Speaking Attorney
  • About
    • Testimonials
    • Defending Cases In
      • Monmouth County
      • Ocean County
  • Blog
  • Contact
    • Receive a Call From Fred
  • DUI Checkpoint Alerts
  • Results
  • Payment Options
Home >> Deportation and Ineffective Trial Counsel (Part 4)

October 16, 2020 by Fred Sisto

Deportation and Ineffective Trial Counsel (Part 4)

The Appellate Division concluded with the following in relevant part: Moreover, the plea court here specifically stated it did not know the effect of “going into PTI with a guilty plea,” then stated defendant should “assume the worst.” But it was not the court’s ultimate responsibility to advise defendant about the immigration consequences of his plea. In any event, that advice was not accurate here, where removal was certain.

We are also convinced the record demonstrates a reasonable probability that but for his counsels’ purported errors, defendant would not have pled guilty and would have gone to trial. Putting aside defendant’s admissions during his plea, it appears only he was a passenger in a car from which a paintball gun was shot by another. Given the difficulties those circumstances would have presented to the State in proving beyond a reasonable doubt defendant’s culpability, it would have been rational for him to reject the plea and proceed to trial if he had been properly advised his plea would result in his certain deportation and separation from his family.

We conclude defendant has established a prima facie case entitling him to a hearing regarding his plea counsel’s advice. If at the remand hearing, defendant satisfies his claim that the advice given by either or both of his plea counsel fell below professional norms, the court must then consider whether defendant “demonstrated that he would not have pled guilty if he had been provided with accurate information” from his plea counsel. When a defendant pled guilty prior to trial based on incorrect advice from counsel about deportation consequences, the court must determine “whether the defendant was prejudiced by the ‘denial of the entire judicial proceeding . . . to which he had a right.'” Roe v. Flores-Ortega (2000).

We express no view on the merits of any of defendant’s contentions. We leave it the PCR court on remand to assess the credibility and reliability of defendant’s contentions then apply the controlling legal principals we have identified to its factual findings. In view of our decision, we need not reach the court’s Slater analysis.

Reversed and remanded. We do not retain jurisdiction. The Slater analysis is relevant to a motion to withdraw a guilty plea. One of the Slater factors is whether the defendant has demonstrated “a colorable claim of innocence.” The Appellate Division did not have to assess this factor in light of the patently incorrect advice that the defendant received from his attorney(s).

Filed Under: Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Testimonials

Fred is a stickler for detail and communicates with clients very, very well. He is smart and astute. I would recommend him unconditionally.

Tom O   

I would highly recommend Mr. Sisto. He is very insightful and proficient, yet still down to Earth. Fred is great at communicating and breaking down the facts. But most importantly, he excels at getting results.

Bill K   

Thanks to Fred I have no criminal record whatsoever.

Luke A   

Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation.

Raumelis R   
See More Testimonials

Recent Posts

  • Plea Agreements and New Charges (Part 2)
  • Plea Agreements and New Charges (Part 1)
  • Youth and Withholding Imprisonment (Part 2)
  • Youth and Withholding Imprisonment (Part 1)
  • Marijuana and Diversionary Programs (Part 4)
  • Marijuana and Diversionary Programs (Part 3)
  • Marijuana and Diversionary Programs (Part 2)
  • Marijuana and Diversionary Programs (Part 1)

Recent Speaking Engagement

Site Disclaimer

Attorney Referral Fees

Frederick P Sisto has earned Lawyer Legion's recognition for Community Leadership
 
Top Criminal Defense Attorney in Brick

Law Office of Frederick P. Sisto

Point Pleasant Office*:
302 Hawthorne Ave, Suite 1
Point Pleasant Beach, NJ 08742

Brick Township Office*:
223 Drum Point Road, Suite 1
Brick Township, NJ 08723

Sea Girt Office*:
2150 NJ-35,
Suite 225
Sea Girt, NJ 08750

Phone: 732-898-3232
Fax: 201-508-3393
*Office visits by appointment only.

Representing clients throughout all court jurisdictions of New Jersey.

WITH THE EXCEPTION OF THE CRIMINAL TRIAL ATTORNEY CERTIFICATION, NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY

en English
en Englishes Spanish