Brown Law Office Ohio Criminal Defense News

The Ohio Supreme Court recently held that pursuant to Ohio Revised Code 2943.031(A), Ohio courts are required to advise noncitizen defendants that admitting facts as part of a pretrial diversion program that would support a finding a guilt could affect the defendant’s immigration status.  In State v. Kona, 2016-Ohio-7796, the defendant entered the Cuyahoga County Pre-Trial Diversion program under which he was required to admit his guilt to the charges in the case.  The trial court failed to advise the defendant that he could be deported based on that admission, and after he successfully completed the pre-trial diversion program which resulted in the charges being dismissed, the defendant learned that his admission of guilt during the pre-trial diversion process could result in his deportation under federal law.  The Ohio Supreme Court held that Ohio courts are required to inform non-citizen defendants that admitting guilt during as part of a pre-trial diversion program could result in deportation.  This decision could be used by criminal attorneys in Ohio to vacate pleas made by non-citizens who were not properly advised of the consequences of their pleas.  A link to the decision can be found here.

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-7796.pdf

Continue to follow the Brown Law Office criminal defense blog for regular updates on Ohio court decisions that could impact your individual rights.  The criminal attorneys at the Brown Law Office stay up to date on all of the latest court decisions in Ohio, and use that knowledge to aid their clients.  Contact the Brown Law Office today for a free consultation at 330-601-0101.