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California Supreme Court rules on plea deal understanding
The California Supreme Court has ruled that defendants must ‘meaningfully understand’ the legal consequences of a plea deal, rather than simply signing forms. This decision follows the case of Angela Hernandez, a Mexican citizen and long-term legal permanent resident of the United States.
In 2013, Hernandez pleaded guilty to two drug offenses in Kern County. Although she signed a form acknowledging that her plea could lead to deportation, she argued on appeal that she did not truly understand the implications of the document. The court determined that errors in the process meant there was a reasonable probability she would have rejected the plea or sought a different negotiation to avoid deportation.
Following her conviction, Hernandez served part of a 180-day sentence. Two years later, after receiving permission from the state probation department to travel, she visited Mexico but was unable to return to the United States due to the immigration consequences of her original plea.
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- [● 4 SOURCES] Hernandez was a Mexican citizen and a legal permanent resident of the United States for 19 years. www.paloaltoonline.com · www.livermorevine.com · www.danvillesanramon.com · www.almanacnews.com
- [● 4 SOURCES] The California Supreme Court ruled that checking boxes on a form is insufficient for a defendant to understand plea deal consequences. www.paloaltoonline.com · www.livermorevine.com · www.danvillesanramon.com · www.almanacnews.com
- [● 4 SOURCES] The court found that errors in the plea process likely would have led Hernandez to reject the offer or go to trial. www.paloaltoonline.com · www.livermorevine.com · www.danvillesanramon.com · www.almanacnews.com
- [● 4 SOURCES] Angela Hernandez was charged with two drug offenses in Kern County in 2013. www.paloaltoonline.com · www.livermorevine.com · www.danvillesanramon.com · www.almanacnews.com