E341 NJ Laws Email Newsletter Defense counsel must advise criminal of deportation consequences. Padilla v. Kentucky 130 S. Ct. 1473 (2010) Petitioner Padilla, a lawful permanent resident of the United States for over 40 years, faced deportation after pleading guilty to drugdistribution charges in Kentucky. In post conviction proceedings, he claims that his counsel not only failed to advise him of this consequence before he entered the plea, but also told him not to worry about deportation since he had lived in this country so long. He alleges that he would have gone to trial had he not received this incorrect advice The US Supreme Court held because counsel must inform a client whether his plea carries a risk of deportation, Padilla has sufficiently alleged that his counsel was constitutionally deficient. First Amendment voids conviction for dog fight video. US v. Stevens 130 S. Ct. 1577 (2010) The Third Circuit's reversal of defendant's conviction under 18 U.S.C. section 48 for selling videos depicting dog fighting is affirmed where section 48 was substantially overbroad, and therefore invalid under the First Amendment, because section 48 explicitly regulated expression based on content and was thus presumptively invalid. NJ MVC/ DMV Surcharge Payment Incentive Program Surcharge payment incentives are now being offered from June 15 to July 30, 2010. This sevenweek program is limited to:
Satisfy judgments for nonpayment Restore installment account holders suspended for nonpayment Pay off accounts with interestonly balances How to get a surcharge payment incentive Most eligible drivers will receive a notification letter confirming the opportunity to take advantage of a payment incentive. Contact the collection firm listed on your notice: Name
Phone
Hours (EDT)
LDC Collection Systems
(609) 5575970
8 a.m.8 p.m.; MF