TWM lawyer Adam Schaye recently played a role in a complicated immigration and criminal court case. The results of this case will decide whether Bruce McDonald, a Jamaican foreign national, will be deported, despite having a spouse and four children, all U.S. citizens. Mr. McDonald initially pleaded guilty to charges of selling a small amount of marijuana and possessing cocaine, based on poor advice from his initial criminal defense lawyer. Because of the plea, Mr. McDonald was served deportation papers. Sometime later Mr. McDonald, represented by a new and better lawyer, took the case to the New York State Court of Appeals. The court held that while the advice of the initial lawyer indeed misled Mr. McDonald, Mr. McDonald would not necessarily have pleaded "not guilty" if given different advice. At this point Adam Schaye successfully convinced the trial court to give Mr. McDonald a new hearing to evaluate if he would actually have pleaded guilty if he knew that the...
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