Deportation is a criminal penalty not a collateral consequence of a conviction.  Professional standards for defense counsel require the attroney to investigate and advise noncitizens on the immigration consequences of the dispostion of a criminal case.  Furthermore, defense counsel is required to affirmatively offer advice on the consequences of conviction and cannot simply sit in silence on the issue.

Mr. Padilla was a lawful permanent resident immigrant who plead guilty to transportation of a large amount of marijuana in his tractor trailer.  As a result of his plea he faced deportation.  Mr. Padilla calimed that his counsel advised him that he didn’t have to worry because he had been in the county so long.  Mr. Padilla further stated that he relied on this statement when deciding whether or not to plead guilty.

In Mr. Padilla’s case the court found that removal as a consequence of his conviction was clear and that any failure to advise him of this falls below an objectively reasonable standard of representation.  As such, Mr. Padilla’s Sixth Amendment right to adequate counsel was violated.  

What does this mean for those of us handing DUI defense cases?  The immigration consequences in a drug conviction are much clearer than those in DUI cases.  While DUI is not currently considered grounds for deportation depends on the noncitizens curtrent status.  If the individual is in the county illegally the answer is clear.  Any conviction can be grounds for deportation.  On the other hand, if someone has any type of legal status the results of a single DUI conviction are much less clear.  There is also some concern that multiple DUI convictions can open up the possibility of deprortation as a “mental illness” or some other grounds.  

Fortunately for those of us practicing DUI law in Washngton there are some great resources.  If you are trying to determine the immigration results of any conviction you should start with the Washington Defender Association immigration resources.  There are lots of helpful printed materials to help you better understand how ICE and the federal courts approach criminal convictions.   WDA’s immigration attorneys are a great resource as well.

If you are a noncitizen charged with DUI (or any crime) it is essential that you hire a proven DUI attorney that understands immigration issues.

It’s been a bad year for Deadliest Catch’s Harris family.  Captain Phil Harris, 53, died of complications from a stroke earlier this month in an Alaskan hopital. 

People magazine spoke with the Washington State Patrol regarding the incident.

“Mr. Harris was spotted driving a BMW 3 Series erratically Thursday evening by a citizen in Shoreline, Wa. We were able to locate his vehicle by aircraft, and he was pulled over in the Seattle area. The car was registered to his father,” says Washington State Patrol spokesman Dan McDonald.

“He failed a field sobriety test and refused to take a toxicological test,” McDonald added. “After further investigation, it was found that he was involved in a hit and run with another occupied vehicle earlier in the evening. He had rear-ended another car.”

The shooting occurred after another trooper, Jesse Greene, had pulled over a woman on suspicion of drunken driving.

Johnson, who was working solo in a patrol cruiser, arrived around 12:20 a.m. so Greene could take the driver in for processing.

Tow-truck driver George Hill arrived and was preparing to tow the car when the shooter emerged from the dark. The man exchanged words with the trooper and opened fire at 12:40 a.m.

Johnson got off a shot but there was no indication at the scene that his assailant was hit.

Trooper Johnson was released from the hospital on Monday.

Martin A. Jones, 45, of Seaview was arrested overnight Sunday in Long Beach and has been booked into Pacific County jail.  The State Patrol is still looking for evidence and tips from the public.

According to the Seattle Post-Intelligencer: 

The State Patrol says Scott Johnson was working a drunk driving case in Long Beach when a man walked up, started an argument, and then shot him twice, including once in the head.

Dozens of officers spent Sunday going house-to-house all throughout the Long Beach peninsula. Investigators consider this an ambush, and believe Johnson was chosen at random.

Meanwhile, Trooper Johnson is recovering at a Portland, OR hospital and scheduled to be released today.  It is not known whether the bullet fragment lodged in the back of Trooper Johnson’s head will ever be able to be removed.

MyNorthwest.com reported the following:

A Washington State Patrol trooper has been shot while taking inventory of a vehicle about to be towed.

The patrol says Trooper Scott Johnson was shot shortly before 1 a.m. Saturday along State Route 103. A man walked up and had a short exchange with Johnson and the tow truck driver, then pulled out a handgun and shot Johnson twice, including once to the head.

The patrol says Johnson returned fire but it wasn’t known if the man was hit. Johnson was taken to a hospital in Long Beach, then to a hospital in Portland.

Trooper Krista Hedstrom says Johnson is alert and conscious, but in considerable pain at Oregon Health and Science University Hospital. Doctors believe his injuries are not life threatening.

The driver of the vehicle being towed had been arrested for driving while impaired and taken to a nearby police station. Authorities say there is currently no evidence the DUI arrest and the shooting are related.

The only thing that goes through my mind is “not again.”  While my job is to challenge the things that officer’s do on behalf of my clients I have also come to know many of these officers as friends.  My heart goes out to the family of Trooper Johnson and all of his colleagues.