Immigration Consequences of plea if deportation is certain

Castano v. State, No. SC11-1571 -Florida Supreme Court reversed the 5^th District Court of Appeals decision affirming the lower court’s denial of a petition to vacate based on defense counsel’s failure to properly advise the defendant of the certain immigration consequences of her plea. The Court held that United States Supreme Court’s decision in Padilla v. Kentucky applied to Florida Criminal Proceedings and that defense counsel must correctly advise non-citizen defendants of the immigration consequences of their plea if deportation is certain. The Florida Supreme Court held that in such cases Fla. R. Crim. P. 3.172(c)(8), which requires the court to advise a criminal defendant entering a plea of the possible immigration consequences would not save the plea under Padilla. Finally, the Court recognized a collateral proceeding’s "pipeline exception" allowing the courts to consider claims raised in collateral proceedings under Fla. R. Crim. P. 3.850 that are still pending when a new court decision is announced even though the new rule may not be otherwise applicable retroactively as the Court found with regards to the Padilla decision generally.

H. Manuel Hernandez has been practicing criminal law for 32 years, the first 10 years as a federal prosecutor, and the last 22 years as a criminal defense attorney. He is dual Board Certified by the Florida Bar as a Criminal Trial Specialist and a Criminal Appellate Specialist by the Florida Bar. He is also Certified by the National Board of Trial Advocacy as a Criminal Trial Advocate. Mr. Hernández has been rated "AV" in the distinguished Martindale-Hubbell Law Directory, the highest rating available in this highly respected legal directory relied on by attorneys when looking for other attorneys to refer cases to or to work with in different areas of the law.

For more information please call the office of attorney H. Manuel Hernández, P.A. 407-682-5553  

How to Help your Criminal Defense Lawyer

How To Help Your Criminal Defense Lawyer Once You Have Hired One

 

by H. Manuel Hernandez hmanuelhernandezlaw.com

 

 

Once you have hired a criminal defense lawyer that you trust and feel comfortable with, you should provide him or her with copies of all documents related to your case, including the charging documents or any other documents you feel can assist the lawyer, and all other information that may assist in preparing the defense.  This includes any documents you feel might hurt your defense.  The attorney-client relationship is not a game of "hide-and seek," "20 questions," or  "truth or dare." the client must be honest and forthcoming with their criminal defense lawyer.  Put simply, you need to give your lawyer everything that might impact your case in any way, "the good, the bad, and the ugly."  Many times a client will not know exactly what these documents and information are.  So the client should error on the side of caution, and give everything to their lawyer and let the lawyer decide what will be helpful, and what will not.  

 

One thing I ask every client to do is to prepare a short biography explaining who they are, where they grew up, where they went to school, how far in school did they get, their work history, and their family history.  If there is significant health issues, the client should include them in this biography as well. I then ask my clients to provide me with a brief written synopsis of what happened in their case, from the beginning to the end.  Even if the client has explained everything already during a face-to face meeting, I ask the client to sit down, take their time, look at their own calendars and other personal documents, consult with heir spouses and friends if they need to refresh their own memories, and provide me with their  best recollection of what happened.  Client always remember new things even after they leave their lawyer's office and have had time to think about their case when they are alone.  Again, it is critical that the lawyer get as much information as possible from the person who should be his or her best source of information, the client.  

 

In order to protect the attorney-client confidentiality privilege, the client should put the following advisement on the top of every page containing a communication to their attorney:

 

ATTORNEY-CLIENT PRIVILEGED COMMUNICATION AND/OR

PRIVILEGED ATTORNEY WORK PRODUCT 

 

 

This will not guarantee that what the client writes may not wind up in the wrong hands and that it may be used for the wrong purposes.  However, it gives the client's criminal defense lawyer a fighting chance to exclude anything contained in a document that was obviously meant to be a privileged attorney-client communication should the document wind up in the hands of law enforcement, for example if law enforcement finds it on the client during an arrest or search, or on the client's computer.  So, this advisement should be at the top of everything the client writes to his or her lawyer. Everything! 

 

The client should keep in regular contact with their lawyer, and update their lawyer if anything new should occur to them, or if any new information or documents should be discovered.  Like all relationships, the attorney-client relationship will thrive best when there is good communications between the client and the lawyer.  

 

H. Manuel Hernandez has been practicing criminal law for 32 years, the first 10 years as a federal prosecutor, and the last 22 years as a criminal defense attorney. He is dual Board Certified by the Florida Bar as a Criminal Trial Specialist and a Criminal Appellate Specialist by the Florida Bar. He is also Certified by the National Board of Trial Advocacy as a Criminal Trial Advocate. Mr. Hernández has been rated "AV" in the distinguished Martindale-Hubbell Law Directory, the highest rating available in this highly respected legal directory relied on by attorneys when looking for other attorneys to refer cases to or to work with in different areas of the law.

For more information please call the office of attorney H. Manuel Hernández, P.A. 407-682-5553

 

 





Hiring a Criminal Defense Lawyer

HIRING A CRIMINAL DEFENSE LAWYER

By H. Manuel Hernández hmanuelhernandezlaw.com

The decision about which lawyer  to hire is probably the most important decisions a person facing criminal charges has to make.  An individual accused of any crime, but particularly a serious crime is going through one of the most difficult periods of their life; they are scared, angry, frustrated, and almost always confused about the criminal process, which can seem complicated and daunting.  In many ways, criminal defense lawyers are like Oncologists in the medical profession.  Nobody wants to find out they have Cancer and that they need to see an Oncologist, but if that day comes, you want to get the best one you can possibly find. The same is true about criminal defense lawyers.

A person who needs to hire a criminal defense lawyer should seek an experienced attorney with whom they are personally comfortable.  They should not be afraid to speak to several lawyers before deciding which one to hire.  The lawyer they hire should be clear about exactly what the legal fees (the money paid to the attorney for his or her services)  are going to be, how the legal fees are to be paid, what the attorney will be doing in exchange for the legal fees, what type of expenses the client can anticipate (such as separate costs for private investigators, court reporter services, copying of documents, travel costs if applicable, etc). and any additional legal fees not be included in the initial retainer fee, such as a trial fee if the case is not resolved by dismissal or a guilty plea.  The fee agreement should also be clear when the attorney's services are concluded.  For example, in most criminal cases, an attorney hired to represent someone after they have been arrested and charged usually charge a fee to represent the person through the trial, and if necessary, through the sentencing.  However, there may be an additional fee if the case is not resolved before trial and the attorney must take the case to trial.  There is almost always an additional fees for any appeal that may become necessary.    

The client should insist that there be a written fee agreement setting out exactly what the client is to pay and when the payments are to be made.  Most attorneys will work with a client regarding the payments, but each attorney is different.  Some take payment plans, and some do not.  Some insist on payment in full at the signing of the fee agreement, others will work with a client if they cannot pay the entire fee immediately. The client needs to know what he or she is agreeing to when they hire an attorney to avoid issues in the future.  The last thing anyone facing criminal charges wants is to have is a dispute with their criminal defense lawyer about money.  The lawyer should be focused 100% on what is best for the client and on resolving their criminal case, and not be distracted trying to collect their fees and getting enough expense money to properly defend the client.    

In a serious criminal case the client's reputation, livelihood, and in some cases, their very lives are at stake.  The decision about which criminal defense lawyer to hire to represent them is very often one of the most important decision the client will ever have to make.  The decision should be made with great care. 

H. Manuel Hernandez has been practicing criminal law for 32 years, the first 10 years as a federal prosecutor a, and the last 22 years as a criminal defense attorney.  He is duel Board Certified by the Florida Bar as a  Criminal Trial Specialist and a Criminal Appellate Specialist.  He is also Certified by the National Board of Trial Advocacy as a Criminal Trial Advocate. Mr. Hernandez has been rated "AV"  in the distinguished Martindale-Hubbell Law Directory, the highest rating available in this highly respected legal directory relied on by attorneys when looking for other attorneys to refer cases to or to work with in different areas of the law.   

For more information please call the office of attorney H. Manuel Hernández, P.A. 407-682-5553   

      

Health Care Fraud

To support a conviction for health care fraud under 18 U.S.C. § 1347, the government must prove that the defendant: (1) knowingly and willfully executed, or attempted to execute, a scheme to (2) defraud a health care program, here, as set out in the superseding indictment, the Medicare program, or to obtain by false or fraudulent pretenses money or property under the custody or control of a health care program, (3) "in connection with the delivery of or payment for health care benefits, items, or services." 18 U.S.C. § 1347. Also, the government must show that the defendant’s scheme to defraud affected interstate commerce
Health Care Fraud

H. Manuel Hernandez has been practicing criminal law for 32 years, the first 10 years as a federal prosecutor, and the last 22 years as a criminal defense attorney. He is dual Board Certified by the Florida Bar as a Criminal Trial Specialist and a Criminal Appellate Specialist by the Florida Bar. He is also Certified by the National Board of Trial Advocacy as a Criminal Trial Advocate. Mr. Hernández has been rated "AV" in the distinguished Martindale-Hubbell Law Directory, the highest rating available in this highly respected legal directory relied on by attorneys when looking for other attorneys to refer cases to or to work with in different areas of the law.  

For more information please call the office of attorney H. Manuel Hernández, P.A. 407-682-5553  

Aggravated Identity Theft

Under 18 U.S.C. § 1028A(a)(1), a person is guilty of aggravated identity theft if, in relation to any felony listed in § 1028A(c), he or she "knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person." www.hmanuelhernandezlaw.com

H. Manuel Hernandez has been practicing criminal law for 32 years, the first 10 years as a federal prosecutor, and the last 22 years as a criminal defense attorney. He is dual Board Certified by the Florida Bar as a Criminal Trial Specialist and a Criminal Appellate Specialist by the Florida Bar. He is also Certified by the National Board of Trial Advocacy as a Criminal Trial Advocate. Mr. Hernández has been rated "AV" in the distinguished Martindale-Hubbell Law Directory, the highest rating available in this highly respected legal directory relied on by attorneys when looking for other attorneys to refer cases to or to work with in different areas of the law.

For more information please call the office of attorney H. Manuel Hernández, P.A. 407-682-5553