Clarke factors in Massachusetts

2024See Commonwealth v. Hallinan, 491 Mass. 730 , 732 n.1 (2023). [3] The other two Clarke factors are "an available, substantial ground of defense that the defendant would have pursued if given proper advice about the plea's dire immigration consequences," and "a reasonable probability that the defendant could have negotiated a plea bargain that did not include those dire immigration consequences." Commonwealth v. Lys, 481 Mass. 1, 7 (2018).

2023"If the defendant does establish at least one of the Clarke factors, then the judge must move to the second step and evaluate whether, under the totality of the circumstances, there is a reasonable probability that a reasonable person in the defendant's circumstances would have gone to trial if given constitutionally effective advice." Lys, 481 Mass. at 7-8 .

2025See Lavrinenko, 473 Mass. at 47 .

2018See Lavrinenko , 473 Mass. at 55 , 59 , 38 N.E.3d 278 .

2025The judge concluded that a reasonable person in the defendant's position, "a lawful permanent resident since age thirteen, with all his immediate family members living here, who took care of that family and had strong community ties, who appreciated the educational and financial opportunities this country provided and believed it to be 'a dream come true,' would have rejected the plea deal and gone to trial despite the near certainty of a five-year sentence, to try to avoid permanent exclusion from admission to the United States." 2 As to the other two Clarke factors, 460 Mass. at 47-48 , beca

2018See Commonwealth v. Lastowski , 478 Mass. 572 , 577-579, 88 N.E.3d 263 (2018) ; Clarke , 460 Mass. at 47 -49 , 949 N.E.2d 892 .

2024Cf. Commonwealth v. Balthazar, 86 Mass. App. Ct. 438, 444 (2014) (given defendant's showing of Clarke factors, remand necessary to assess question of prejudice).