Immigrare.com Follows Supreme Court Decision With Offer of Free Use of Web-Based Service

WEST CHESTER, Pa., May 28 /PRNewswire/ -- The U.S. Supreme Court has added a new requirement for defense attorneys seeking to reach a plea bargain for their noncitizen clients.

"The Court's decision escalates the knowledge criminal defense attorneys must possess if they are representing noncitizens," says Theodore J. Murphy, president of Immigrare, Inc. "Basically, the possibility of deportation must be considered before accepting a plea."

On March 31, 2010, the Court issued a decision imposing an obligation on criminal defense attorneys to advise their noncitizen clients in criminal proceedings of the immigration consequences of pleading guilty to a criminal offense. [Padilla v. Kentucky, 559 U.S. ____ (2010)].

"Considering that the ground rules have changed significantly," states Murphy, "we have decided to offer free use of our service for the next 90 days. While it is not meant to take the place of legal advice from an attorney, an Immigrare.com analysis enables the user to review the particular facts and circumstances of an actual individual's case. We believe it provides the only quick and affordable on-line way to analyze individual cases in detail regarding the potential immigration consequences of plea bargains."

Built into the Immigrare.com web tool is a model of current American immigration laws, immigration regulations, and, most importantly in this case, includes federal and state criminal statutes from all 50 states that affect immigration circumstances.

In its decision the Court said that informed consideration of possible deportation can only benefit both the State and noncitizen defendants during the plea-bargaining process. By bringing deportation consequences into this process, the defense and prosecution may well be able to reach agreements that better satisfy the interests of both parties.

The Court's decision pointed out that a criminal episode involving several distinct events may provide the basis for multiple charges, of which only certain ones mandate deportation following conviction. Attorneys who possess the most rudimentary understanding of the deportation consequences of a particular criminal offense may be able to plea bargain creatively with the prosecutor and judge. This may enable them to craft a conviction and sentence that reduce the likelihood of deportation. They would then avoid a conviction for an offense that automatically triggers the removal consequence.

"We encourage criminal defense attorneys to avail themselves of the free use of our service," says Murphy. "They will then recognize how a short session on their computer can reveal the immigration consequences related to the person they represent. Having this knowledge on a printout will assist the attorney in pointing out the potential immigration consequences the client faces and provide the basis for meeting the requirements now specified by the Supreme Court."

Further information on the Immigrare.com web tool may be obtained at the firm's web site (http://www.immigrare.com).

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SOURCE Immigrare, Inc.