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N.J. appellate court vacates plea deal that would have meant mandatory deportation
Jersey Journal ^ | 7/4/2019 | Corey MacDonald

Posted on 07/04/2019 7:28:01 PM PDT by usafa92

A state appellate court on Wednesday vacated a plea deal for a Hudson County man in jail on a bail-jumping charge after it was found the defendant “was coerced into pleading guilty,” according to court documents.

State Appellate Division Judges Carmen Alvarez and William E. Nugent found in their decision that the defendant, Manuel Lopez, was “deprived not only of his right to consult with counsel about the immigration consequences of his plea, but also of the right to counsel of his choice.”

“For these reasons, we vacate the plea to the bail-jumping offense and remand the matter for further proceedings,” they said.

Neither Lopez, who is not a U.S. citizen, nor his attorney could immediately be reached for comment.

(Excerpt) Read more at nj.com ...


TOPICS: Government; News/Current Events; Politics/Elections; US: New Jersey
KEYWORDS: corruptcoirts; illegalimmigration; newjersey
In New Jersey, it seems you can’t even voluntarily self-deport. My state sucks.....
1 posted on 07/04/2019 7:28:01 PM PDT by usafa92
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To: usafa92
LORD remove unrighteous decrees in YESHUA'S name!
2 posted on 07/04/2019 7:29:44 PM PDT by cowboyusa (America Cowboy Up)
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To: usafa92

Fraudulently documented foreigners are getting breaks from the courts that citizens would never get.


3 posted on 07/04/2019 7:34:01 PM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here Of Citizen Parents_Know Islam, No Peace-No Islam, Know Peace)
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To: usafa92

Maybe the way the court figures it, any plea deal where the defendant has second thoughts is null and void. The defendant keeps the get-out-jail-free card, but doesn’t have to fulfill his end of the deal.


From the article:

[He appeared for a status hearing in March 2014, where he met with his public defender for the first time, and was offered a plea deal to serve a concurrent sentence of three years for both offenses.

But Lopez argued later that he was denied his right to counsel of his choice, and that his public defender at the time never inquired about his immigration status and consequently did not advise him that pleading guilty to bail jumping would result in mandatory deportation under the United States Immigration Code.]


4 posted on 07/04/2019 7:34:23 PM PDT by Zhang Fei (My dad had a Delta 88. That was a car. It was like driving your living room.)
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To: usafa92

Noo Yersey has to give Lopez a chance to rape a few girls and murder at least one before seriously considering he deportation.


5 posted on 07/04/2019 7:34:43 PM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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To: usafa92

We need to get over this veneration of the judiciary.

it is a crooked leftist entitiy run by lawyers.

Time to dismantle it.


6 posted on 07/04/2019 7:36:16 PM PDT by Chickensoup (Voter ID for 2020!! Leftists totalitarian fascists appear to be planning to eradicate conservatives)
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To: usafa92
1 He was on bail due to being arrested for a crime.

2 He jumped bail and would have an arrest warrant issued.

3 LE or bail bondsman arrested him.

???

New charge plus the original arrest should prevail.

7 posted on 07/04/2019 7:37:13 PM PDT by Deaf Smith (When a Texan takes his chances, chances will be taken that's fore sure)
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To: usafa92

“In New Jersey, it seems you can’t even voluntarily self-deport. My state sucks...”

New Jersey has a lot of company when it comes to being a $hithole state. I can think of a dozen or more states that are trying to take the lead.


8 posted on 07/04/2019 7:39:36 PM PDT by vette6387
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To: usafa92

I wish I could get millions of dollars of free legal services.


9 posted on 07/04/2019 7:42:03 PM PDT by Trump.Deplorable
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To: usafa92
I'm sure white criminals get the same special treatment! What happened to the "equal protection clause"? Oh, that's right, the 14th Amendment doesn't apply to white people …

How about the other day where the muslim, who according to guidelines was supposed to receive a life term for molesting children, but was only given 10 years instead? You know, those muslims have different "customs", the rules don't apply …

10 posted on 07/04/2019 8:06:59 PM PDT by Governor Dinwiddie (September 11, 2001 : Never forget, never forgive.)
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To: MichaelCorleone

Not to mention the chance to give a vote or two to the Demoncrats.


11 posted on 07/04/2019 10:13:02 PM PDT by allblues (God is neither a Republican nor a Democrat but Satan is definitely a Democrat)
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To: usafa92

Wait, wut?
“Deprived of counsel of his choice”???

My understanding is that you can choose whatever lawyer you can afford to pay for.
Can’t pay?
You’re assigned the next public defender in the queue.


12 posted on 07/05/2019 11:16:47 AM PDT by mumblypeg
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To: usafa92

I am not a lawyer, but I know a lot about criminal law and procedure; and the Appellate Court made what is the obvious correct decision.

The trial court judge should be sanctioned for the threats he made to the defendant, some of which were outright unlawful.

His public defender also did not provide him with adequate counsel. That alone required reversal.


13 posted on 07/05/2019 11:29:06 AM PDT by WASCWatch
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To: WASCWatch
He appeared for a status hearing in March 2014, where he met with his public defender for the first time,...

Yeah, that's also a huge problem.

14 posted on 07/05/2019 11:34:53 AM PDT by WASCWatch
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