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- 04-10-2012, 02:50 PM #1
N.H. court says deportation warning not necessary
NH court says deportation warning not necessary
April 10, 2012
CONCORD, N.H.—The New Hampshire Supreme Court is upholding the shoplifting conviction of a woman who argues she was not told she could be deported before pleading no contest to the charge.
Deicy (DAY-cee) Ortiz says she wasn't told before entering her plea in 2007 that deportation was a possible consequence.
The court says, however, that deportation is a collateral consequence of a plea and not something courts have to warn defendants about.
Courts need only advise defendants about the things judges control -- such as the maximum sentences that can be imposed and whether the plea is voluntary.
Ortiz's conviction predates a new requirement enacted in November 2010 that asks defendants to sign an acknowledgement that deportation is a potential consequence of a plea of guilty or no contest.
NH court says deportation warning not necessary - Boston.comNO AMNESTY
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