Call Now For Help


NJ Criminal Defendant Claims Attorney Failed to Advise of Deportation


by in Criminal Appeals

State v. Jaime Calero, unpublished opinion, App. Div. Docket No. A-6266-08T4 (June 22, 2010) – Denial of PCR reversed, case remanded for evidentiary hearing. “With respect to defendant’s allegations that his attorney pressured him into naming the wrong person [as the man he struck], thus obviating the court’s finding that he pled guilty freely and voluntarily, the PCR judge found that defendant’s claim lacked merit….

Here, we are satisfied that defendant’s claims required further exploration in an evidentiary hearing because, if in fact defense counsel pressured defendant into pleading guilty to assaulting a person other than the individual identified as the victim in the indictment, his guilty plea cannot stand…. we are satisfied that the record does not support the PCR court’s finding that defendant was not denied his constitutional right to effective assistance of counsel when his attorney allegedly gave him erroneous advice that his guilty plea would not result in his deportation.

Defendant’s answer on the plea form, which indicated that he understood that by pleading guilty he was subject to deportation, although probative, is not dispositive and cannot form the only basis for the court’s rejection of his claim of ineffective assistance of counsel. As is the case with defendant’s allegation of attorney misconduct, the PCR court must decide the question of defendant’s immigration status from the record developed at an evidentiary hearing.”






*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.