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If you are not a United States citizen and face criminal charges in Texas, the outcome of your case could have serious consequences far beyond jail time or fines. A criminal conviction may result in deportation, exclusion from admission to the United States, or denial of naturalization. This is where Padilla warnings become critically important to protecting your rights and your future in this country.
At Winters & Chidester, we understand that non-citizens and Spanish-speaking defendants face unique challenges in the criminal justice system. Our Georgetown criminal defense attorneys have the experience and cultural understanding necessary to help you navigate these complex situations while protecting both your freedom and your immigration status.
What Are Padilla Warnings?
Padilla warnings stem from a landmark 2010 United States Supreme Court decision that established criminal defense attorneys must advise non-citizen clients about the deportation risks of a guilty plea. The case involved Jose Padilla, a lawful permanent resident who had lived in the United States for over 40 years and served honorably in the Vietnam War. When he pleaded guilty to a drug trafficking charge, his attorney incorrectly told him the conviction would not affect his immigration status. In reality, his deportation was virtually automatic.
The Supreme Court ruled that failing to advise defendants about immigration consequences constitutes ineffective assistance of counsel under the Sixth Amendment. This decision fundamentally changed the obligations of criminal defense attorneys when representing non-citizen clients.
Why Padilla Warnings Matter for Non-Citizens
Deportation has been recognized by courts as a uniquely severe penalty that is intimately connected to the criminal process. For many non-citizens, the immigration consequences of a conviction can be far more devastating than the criminal sentence itself. You may face years in prison, but eventually return to your family and your life. Deportation, however, can mean permanent exile from the country where you have built your life, raised your family, and established your livelihood.
In our experience working with non-citizen defendants throughout Central Texas, many people are unaware that even minor offenses can trigger serious immigration consequences. A guilty plea that might seem like a practical solution to avoid trial could actually set in motion deportation proceedings that tear families apart and destroy years of hard work toward building a life in the United States.
What Your Attorney Must Tell You
When the immigration consequences are clear and certain, your attorney must advise you that deportation will result from a conviction. When the consequences are unclear or uncertain, your attorney must advise that deportation may result. Your criminal defense lawyer cannot remain silent about potential immigration ramifications.
This duty extends beyond a simple warning. A competent criminal defense attorney representing non-citizens must investigate the specific immigration consequences that a proposed plea would have on you as an individual. This requires understanding your immigration status, your criminal history, and how various charges and plea agreements might affect your ability to remain in the United States.
How Experienced Counsel Can Protect You
At Winters & Chidester, we recognize that protecting your immigration status requires strategic thinking from the very beginning of your case. Defense attorneys who understand deportation consequences may be able to negotiate creatively with prosecutors to craft a conviction and sentence that reduces the likelihood of deportation by avoiding offenses that automatically trigger removal. This might involve pursuing alternative charges, seeking deferred adjudication, or taking your case to trial when a plea agreement would result in certain deportation.
Our team's background as former Texas prosecutors gives us unique insight into how the other side approaches these cases. We know what prosecutors consider when evaluating plea offers, and we can leverage that knowledge to fight for outcomes that protect both your criminal record and your immigration status.
Why Language and Cultural Understanding Matter
For Spanish-speaking defendants, the challenges of navigating the criminal justice system can be even more daunting. Legal terminology is complex enough in English, and misunderstandings about immigration consequences can have catastrophic results when language barriers exist. At Winters & Chidester, we offer services in Spanish to ensure our clients fully understand their options and the potential consequences of every decision in their case.
We have worked with hundreds of non-citizen defendants who trusted us to protect their futures in the United States. Our firm understands the cultural and practical considerations that affect our clients' lives, from supporting family members who depend on them to preserving their ability to continue working in this country.
Take Action to Protect Your Future
If you are facing criminal charges and are not a United States citizen, time is of the essence. The decisions you make early in your case can determine whether you remain in the country with your family or face deportation proceedings. Every case is different, and the immigration consequences of various offenses can be complex and fact-specific.
At Winters & Chidester, we thoroughly evaluate each client's unique circumstances to provide personalized guidance on how criminal charges may impact their immigration status. We conduct detailed investigations, consult with immigration experts when necessary, and fight aggressively to achieve outcomes that protect both your freedom and your right to remain in the United States.
Don't leave your future to chance. If you or a loved one has been arrested or charged with a crime and you have questions about how it might affect your immigration status, contact our Georgetown office immediately. Our criminal defense attorneys have the knowledge, experience, and commitment to help you navigate this challenging situation.
To schedule a consultation with experienced attorneys who understand the unique challenges faced by non-citizens, please call our firm at (512) 961-4555 or contact us online. Hablamos español.
