322
Opinion of the Court
393, n. 3 (1987). In exchange for some perceived benefit, defendants waive several of their constitutional rights (including the right to a trial) and grant the government numerous "tangible benefits, such as promptly imposed punishment without the expenditure of prosecutorial resources." 47 Ibid. There can be little doubt that, as a general matter, alien defendants considering whether to enter into a plea agreement are acutely aware of the immigration consequences of their convictions.48 See Magana-Pizano v. INS, 200 F. 3d 603, 612 (CA9 1999) ("That an alien charged with a crime . . . would factor the immigration consequences of conviction in deciding whether to plead or proceed to trial is well-documented"); see also 3 Bender, Criminal Defense Techniques §§ 60A.01, 60A.02[2] (1999) (" 'Preserving the client's right to remain in the United States may be more important to the client than any potential jail sentence' " (quoted in Brief for National Association of Criminal Defense Law-47 "If every criminal charge were subjected to a full-scale trial, the States and the Federal Government would need to multiply by many times the number of judges and court facilities." Santobello v. New York, 404 U. S. 257, 260 (1971).
48 Many States, including Connecticut, the State in which respondent pleaded guilty, require that trial judges advise defendants that immigration consequences may result from accepting a plea agreement. See Cal. Penal Code Ann. § 1016.5 (West 1985); Conn. Gen. Stat. § 54-1j (2001); D. C. Code Ann. § 16-713 (1981-1997); Fla. Rule Crim. Proc. 3.172(c)(8) (1999); Ga. Code Ann. § 17-7-93 (1997); Haw. Rev. Stat. § 802E-2 (1993); Md. Rule 4-242 (2001); Mass. Gen. Laws § 278:29D (1996 Supp.); Minn. Rule Crim. Proc. 15.01 (2000); Mont. Code Ann. § 46-12-210 (1997); N. M. Rule Crim. Form 9-406 (2001); N. Y. Crim. Proc. Law § 220.50(7) (McKinney 2001 Cum. Supp. Pamphlet); N. C. Gen. Stat. § 15A-1022 (1999); Ohio Rev. Code Ann. § 2943.031 (1997); Ore. Rev. Stat. § 135.385 (1997); R. I. Gen. Laws § 12-12-22 (2000); Tex. Code Crim. Proc. Ann., Art. 26.13(a)(4) (Vernon 1989 and Supp. 2001); Wash. Rev. Code § 10.40.200 (1990); Wis. Stat. § 971.08 (1993-1994). And the American Bar Association's Standards for Criminal Justice provide that, if a defendant will face deportation as a result of a conviction, defense counsel "should fully advise the defendant of these consequences." 3 ABA Standards for Criminal Justice 14-3.2 Comment, 75 (2d ed. 1982).
Page: Index Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NextLast modified: October 4, 2007