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.com