Peart and Aliens

The Florida Supreme Court has issued an opinion that is of great importance to aliens who may be threatened with deportation as the result of a criminal conviction.  Under Peart v. State, if you were not warned by the judge who accepted the guilty or no contest plea that your conviction could possibly result in your deportation, and you are in fact being threatened with deportation, you should be able to set aside the criminal conviction.  Of course, this means the state may go back and try to prosecute you anew for the old offense, but it should be the basis for relief from INS on the threatened deportation.

If you are an alien facing immigration consequences from a prior Florida conviction, please contact Mr. Kent to review your situation.  Representation on a motion to set aside the prior conviction starts at $7,500 at the trial court level, without an appeal.  Contact Mr. Kent at 904-355-1890.  

There are strict deadlines for filing this type motion.  Do not delay.