Supreme Judicial Court Vacates Plea Withdrawal Denial

The Massachusetts Supreme Judicial Court (SJC) vacated a lower court's denial of a motion to withdraw a guilty plea filed by Jorge Santana, a noncitizen facing deportation. The SJC determined that the motion judge erred by denying the motion without an evidentiary hearing, finding that the defendant's claim regarding ineffective assistance of counsel (specifically, the failure to advise him that his guilty plea to possession of a controlled substance with intent to distribute would result in virtually mandatory deportation) warranted further review. The court noted an inconsistency between the plea counsel's affidavit and his statements during the plea colloquy, which could not be resolved on the papers alone.

This decision has significant implications for defendants, particularly noncitizens, who plead guilty to offenses that carry potential deportation consequences. It reinforces the requirement established in Padilla v. Kentucky and Commonwealth v. Sylvain that counsel must provide accurate advice regarding the immigration consequences of a plea. Regulated entities, specifically legal professionals representing noncitizen defendants, must ensure they thoroughly discuss and advise clients on the deportation risks associated with any plea agreement. Failure to do so may lead to the withdrawal of guilty pleas and potential re-litigation of cases. The case is remanded for further proceedings consistent with the SJC's opinion.