Court to decide constitutionality of bad advice
Lawyer Blogs
Supreme Court justices are questioning whether defendants should expect their lawyers to advise them on all the possible consequences of a guilty plea before it is submitted to a court.
Jose Padilla wants his guilty plea to drug charges thrown out. The Honduras-born immigrant says he wouldn't have made the plea if his lawyer hadn't incorrectly told him it would not affect his immigration status. He now faces deportation.
Lawyer Stephen Kinnaird says bad advice on the collateral consequences of a guilty plea is a violation of the constitutional right of "effective assistance of counsel."
But prosecutor WM Robert Long Jr. said criminal attorneys' only constitutional duty is to advise defendants on guilt, innocence and sentencing when it comes to pleas.
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.