Call Now For Help


Deportation for NJ Criminal Conviction (NJ PCR Appeal Update)


by in Criminal Defense

NJ criminal defense attorneys need to be especially attentive to clients that are facing deportation. In this recent case decided on appeal, the Appellate Division reversed the Post Conviction Relief (PCR) denial of a woman who claims her attorney failed to advise her that her guilty plea could result in her deportation. Summary by Mark Friedman.

State v. Sarah Creque, unpublished opinion, App. Div. Docket No. A-0350-08T4 (November 12, 2009) – Denial of PCR reversed, case remanded for evidentiary hearing. “The Law Division determined that defendant could not possibly prove her allegations of ineffective assistance of counsel because she was deported and could not return to testify.

Her deportation was allegedly a result of being convicted of the crime from which she sought relief…. We conclude that defendant’s written submissions established a prima facie case warranting an evidentiary hearing…

The PCR court must assume contested facts most favorably to defendant and determine whether those facts would entitle defendant to relief from the conviction if they are true…. In this case, defendant Creque certified that her prior attorney told her the guilty plea would not affect her immigration and residency status.

To establish the second part of the Strickland test, she also certified that she would not have pleaded guilty if she knew she might be deported. If true, those facts establish a prima facie case of ineffective assistance of counsel…. The court’s legal error was in viewing the preliminary ruling of whether defendant had established a right to an evidentiary hearing as a conditional ruling.

Because defendant showed a prima facie case of ineffective assistance, she is entitled to an evidentiary hearing, and the court should have so ruled and scheduled a hearing. At that hearing, defense counsel will have the burden of presenting sufficient evidence, with or without defendant, to prove her entitlement to relief…. Nothing in our court rules requires that defendant be present for a PCR hearing.” (Adam W. Toraya, Designated Counsel)

  • //






*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.