FCA Article 3 - Juvenile Delinquency

Right to Counsel in Delinquency Proceedings

Lawyers have a duty to advise about the immigration consequences of a plea in criminal proceedings. Padilla v. Kentucky, 130 S Ct. 1473 (2010)

  • Juveniles may face consequences just as severe as criminal defendants, including deportation, even though delinquency adjudications are not criminal.
  • Case law does not directly addresses whether Padilla applies to delinquency proceedings.
  • Lawyers have a professional and ethical duty to advise on immigration consequences.

It is prudent for the court to provide counsel with an opportunity to adequately advise in accordance with Padilla v. Kentucky.