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Man not prejudiced by lawyer's failure to advise about deportation

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A defendant’s trial counsel was deficient by not advising his client about the risk of deportation following a guilty plea, but the defendant wasn’t prejudiced by the performance, the Indiana Court of Appeals concluded.

In Heriberto Suarez v. State of Indiana, No. 02A05-1106-PC-325, Heriberto Suarez claimed the post-conviction court erred in denying his petition for post-conviction relief on the basis of ineffective trial counsel. Suarez, who is from Mexico but has lived in the United States since the 1950s without becoming a resident, pleaded guilty to Class C felony child molesting. He faced a Class A felony molesting charge involving his young granddaughter. His attorney did not advise him that he could be deported following his guilty plea. His attorney, Patrick Arata, said he assumed Suarez was an American citizen so he did not ask about Suarez’s status.

Suarez testified he pleaded guilty to the Class C felony charge to receive a shorter sentence so he could take care of his blind wife, who is in poor health. He said he would have fought the Class A felony charge had he known that pleading guilty would subject him to possible deportation.

The appellate court noted that were Suarez to be deported, it would be difficult for him to provide for his wife, although he had a large family that could care for her in his absence. Suarez’s objective probability of success at trial was fairly low, and the benefit conferred upon him by his guilty plea was substantial. Instead of facing up to 50 years in prison, meaning he would have served 41 years, he faced a sentence between two and 8 years and actually received a four-year sentence.

While his attorney was deficient for not advising Suarez about possible deportation, he was not prejudiced by his attorney’s failure to notify him of the risk, the judges concluded.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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