Padilla v Kentucky: It is Looking Good!
Most states hold that a plea is not involuntary because an attorney fails to tell a criminal defendant about an important “collateral consequence” of a plea. Many of these consequences are very severe. An individuals’ plea could result in mandatory deportation, loss of a child, banishment from his own home, life registration requirements, or disqualification from many governmental programs. What happens, if the attorney gives affirmatively bad advice. In Padilla v Kentucky, the Court will consider this issue. In oral arguments before the Court, it appears that the Court may rule for the defendant.