Criminal Law

Consequences of a Conviction

Criminal Law

Consequences of a Conviction The Padilla Court addressed what advice a defendant is to be given about deportation, and in making such a determination the Court first had to determine what type of consequence deportation is.[1] Court determinations on when an attorney must advise a client have turned on how the consequence is classified.[2] There…

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Changing the Ineffective Assistance Standard

Criminal Law

Padilla v. Kentucky, Changing how the Strickland Test is Applied to Modern Day Ineffective Assistance of Counsel Claims ; After the United States Supreme Court’s March 31, 2010 decision in Padilla v. Kentucky, ineffective assistance of counsel standards have changed when dealing with the distinction of direct and collateral consequences.[1] The Court held that defense…

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Ineffective Assistance of Counsel

Criminal Law

Ineffective Assistance of Counsel- Defense Attorneys, If You Happen to Fall Asleep at The Defense Table Make Sure It’s Not During An Important Part   Determining ineffective assistance of counsel is very uncertain, particularly when there is not complete agreement on a defense counsel’s responsibilities regarding advising the client about different consequences that a guilty…

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Duty of an Attorney – Responsibility’s Owed to a Client

Criminal Law

Duty of an Attorney at Law – Responsibilities Owed to the Client ; Ineffective assistance of counsel standards and legal malpractice standards with regard to advice all boil down to communication.[1]  It is safe to say that at the heart of criminal law lays the attorney-client privilege.[2] This privilege is described as, “the oldest among…

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