(a) At the time of criminal arraignment in the district or superior court, each defendant
shall be informed that if he or she is an alien in the United States, a plea of guilty
or nolo contendere may affect his or her immigration status. Failure to so inform
the defendant at the arraignment shall not invalidate any action subsequently taken
by the court.
(b) Prior to accepting a plea of guilty or nolo contendere in the district or superior
court, the court shall inform the defendant that if he or she is not a citizen of
the United States, a plea of guilty or nolo contendere may have immigration consequences,
including deportation, exclusion of admission to the United States, or denial of naturalization
pursuant to the laws of the United States. Upon request, the court shall allow the
defendant additional time to consider the appropriateness of the plea in light of
this advisement.
(c) If the court fails to so inform the defendant as required by this section, and the
defendant later shows that his plea and conviction may have immigration consequences,
the defendant shall be entitled, upon a proper petition for post-conviction relief,
to have the plea vacated. Absent a record that the court provided the advisement required
by this section, the defendant shall be presumed not have received the advisement.
(d) The defendant shall not be required at the time of the plea to disclose to the court
his or her legal status in the United States.
(e) In the first week of January, 2001 and each year thereafter, the attorney general
shall submit to the general assembly a list of cases in which a disposition was vacated
pursuant to this section.
Notes of Decisions
Cited in
19
cases (
1 in the last 5 years), 1994–2023 · leading case:
MacHado v. State, 839 A.2d 509 (R.I. 2003).
MacHado v. State, 839 A.2d 509 (R.I. 2003).
· cites it 31× “On August 22, 2001, Machado filed an application for post-conviction relief in which he asserted that his plea should be vacated because the trial justice failed to inform him of the possible immigration consequences of his plea as required by G.L. 1956 § 12-12-22. The…”
Rodrigues v. State, 985 A.2d 311 (R.I. 2009).
· cites it 4× “501, § 1) to G.L.1956 § 12-12-22, 7 which requires that before *318 accepting a guilty plea, the trial justice must notify a defendant that if he or she is not a citizen, the plea may have immigration consequences including deportation.”
Ducally v. State, 809 A.2d 472 (R.I. 2002).
· cites it 5× “At that time, G.L.1956 § 12-12-22, as enacted by P.L.1984, ch.”
State v. Desir, 766 A.2d 374 (R.I. 2001).
· cites it 4× “123, § 1), G.L.1956 § 12-12-22, provides that “[a]t the time of criminal arraignment in the district or superior court, each defendant shall be informed that if he or she is an alien in the United States, a plea of guilty or nolo contendere may affect his or her immigration…”
Neufville v. State, 13 A.3d 607 (R.I. 2011).
· cites it 3× “In accordance with G.L.1956 § 12-12-22, 3 before accepting a plea of nolo contende-re, the trial justice must inform an alien defendant of any possible immigration consequences of the conviction.”
Moniz v. State, 933 A.2d 691 (R.I. 2007).
· cites it 3× “General Laws 1956 § 12-12-22(b) requires the court to advise a defendant of any immigration consequences resulting from a plea of guilty or nolo contendere before accepting a plea.”
Tavarez v. State, 826 A.2d 941 (R.I. 2003).
· cites it 6× “501, § 1) to G.L.1956 § 12-12-22 on July 20, 2000, which requires a Superior Court justice, before accepting a nolo contendere plea, to inform a defendant that, if he is not a citizen, the nolo contendere plea may have immigration consequences including deportation.”
State v. Figueroa, 639 A.2d 495 (R.I. 1994).
· cites it 2× “1956 (1981 Reenactment) § 12-12-22, as amended by P.L.1984, ch. 123, § 1, which states: “At the time of criminal arraignment in the district or superior court, each defendant shall be informed that if he or she is an alien in the United States, a plea of guilty or nolo…”
Dossantos v. State, 897 A.2d 39 (R.I. 2006).
· cites it 11× “On appeal, he argues that the court erred in denying his application because (1) the plea forms did not contain the statutory warnings concerning the potential immigration consequences of a plea as prescribed by G.L. 1956 § 12-12-22(b), 1 and (2) the hearing justice did not…”
— R.I. Gen. Laws § 12-12-22(a) — 2 cases
— R.I. Gen. Laws § 12-12-22(b) — 5 cases
MacHado v. State, 839 A.2d 509 (R.I. 2003).
“On August 22, 2001, Machado filed an application for post-conviction relief in which he asserted that his plea should be vacated because the trial justice failed to inform him of the possible immigration consequences of his plea as required by G.L. 1956 § 12-12-22. The…”
Moniz v. State, 933 A.2d 691 (R.I. 2007).
“General Laws 1956 § 12-12-22(b) requires the court to advise a defendant of any immigration consequences resulting from a plea of guilty or nolo contendere before accepting a plea.”
Dossantos v. State, 897 A.2d 39 (R.I. 2006).
“On appeal, he argues that the court erred in denying his application because (1) the plea forms did not contain the statutory warnings concerning the potential immigration consequences of a plea as prescribed by G.L. 1956 § 12-12-22(b), 1 and (2) the hearing justice did not…”
— R.I. Gen. Laws § 12-12-22(c) — 3 cases
MacHado v. State, 839 A.2d 509 (R.I. 2003).
“On August 22, 2001, Machado filed an application for post-conviction relief in which he asserted that his plea should be vacated because the trial justice failed to inform him of the possible immigration consequences of his plea as required by G.L. 1956 § 12-12-22. The…”
Tavarez v. State, 826 A.2d 941 (R.I. 2003).
“501, § 1) to G.L.1956 § 12-12-22 on July 20, 2000, which requires a Superior Court justice, before accepting a nolo contendere plea, to inform a defendant that, if he is not a citizen, the nolo contendere plea may have immigration consequences including deportation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.