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Criminal Procedure – Plea withdrawal – immigration consequences

By: WISCONSIN LAW JOURNAL STAFF//January 21, 2015//

Criminal Procedure – Plea withdrawal – immigration consequences

By: WISCONSIN LAW JOURNAL STAFF//January 21, 2015//

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – Plea withdrawal – immigration consequences

“Pursuant to WIS. STAT. RULE 809.61 (2011-12), this appeal is certified to the Wisconsin Supreme Court for its review and determination.”

“How definite or imminent must deportation be in order for it to be ‘likely,’ such that a defendant may withdraw a guilty or no contest plea on the basis that he or she was not informed of the immigration consequences at the plea colloquy?  If, in order to withdraw the plea, the defendant must show that deportation proceedings are underway, how does this standard fit in with the time limits for a motion to withdraw the plea?”

Questions certified.

2014AP678, 2014AP679 & 2014AP680 State v. Valadez

Dist. II

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