Does Section 1016.5 of the California Criminal Code require counsel to advise a defendant of potential immigration consequences of a guilty or no contest plea?
California, United States of America
The following excerpt is from People v. Gonzalez, B248464 (Cal. App. 2014):
Section 1016.5 requires the trial court to advise a defendant of potential immigration consequences of a guilty or no contest plea and, upon a defendant's motion, requires a trial court to vacate any plea for which a defendant was not so advised. ( 1016.5, subds. (a)-(b).) The statute applies only to the trial court's failure to advise of such consequences, not counsel's. (People v. Chien (2008) 159 Cal.App.4th 1283, 1285
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