Legal Question in Criminal Law in Florida

Re: Florida's Supreme Court Decision

what is the question

Re: Florida's Supreme Court Decision

I think I understand what the questions is. A judge should always advise a criminal Defendant who is pleading guilty and/or no contest to a criminal charge that his/her plea could affect their residence status, i.e., that they could be deported as a result of that conviction. However, it is not a black and white or dispositive rule. If the Defendant already knows about the possible consequences of deportation (from his attorney, or maybe from another judge at another hearing), then he/she will have a hard time proving that they were prejudiced by the Judge's lack of a proper warning. The best practice is for the Judge to advise the Defendant, but if he/she doesn't, its not an automatic get-out-of-jail-free card. And you should always speak with a lawyer before attempting to withdraw a plea, as the State can go harder on you the next time around.