{"id":208,"date":"2013-09-17T04:12:24","date_gmt":"2013-09-17T04:12:24","guid":{"rendered":"http:\/\/www.massachusettscriminaldefenselawyerblog.com\/2013\/09\/massachusetts-court-holds-that.html"},"modified":"2013-09-17T04:12:24","modified_gmt":"2013-09-17T04:12:24","slug":"massachusetts-court-holds-that","status":"publish","type":"post","link":"https:\/\/www.delsignoredefense.com\/blog\/massachusetts-court-holds-that\/","title":{"rendered":"Massachusetts Supreme Court holds that ineffective assistance of counsel claims based on failure to advise defendant of immigration consequences can be brought for case decided prior to Padilla"},"content":{"rendered":"

The Massachusetts Supreme Judicial Court held in Commonwealth v. Sylvain that ineffective assistance of counsel<\/a> claims based on the failure to advise a defendant of the immigration consequences of a criminal conviction can be brought prior to the Padilla decision under Article 12. The SJC declined to follow the recent decision of the United States Supreme Court holding that ineffective assistance of counsel claims could only be made for case decided after Padilla. Since Padilla, it has been the obligation of every Massachusetts criminal defense lawyer<\/a> to advise any defendant of the immigration consequences of any plea in a criminal case. <\/p>\n