Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
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During office hours, call 904-701-0589
After office hours, call 904-727-7191

Regular office hours are 7:30 a.m. to 6:30 p.m.

February 2013 Archives

Immigration Consequences of a Guilty Plea Post-Padilla

In United States v. Padilla, 559 U.S. 356 (2010), the United States Supreme Court held that the Sixth Amendment requires attorneys to inform their non-citizen clients of the immigration consequences of entering a guilty plea in criminal cases. In many situations, entering such a plea, even in a misdemeanor case, can result in deportation. An order of deportation can occur many years after the guilty plea, much to the surprise of the client. Padilla recognized that a lawyer who fails to advise their client of the potential for deportation is not competent, so that a plea entered without such advice is not a voluntary plea and therefore, can be vacated. A question left open by the Padilla decision was whether it was retroactive, meaning a person whose plea was entered before Padilla became final could also vacate their plea if not properly advised. 

William Sheppard's recent pro bono work with returning combat veterans

On February 22, 2013, Bill Sheppard will be lecturing at George Mason University School of Law discussing representation of veterans in state criminal proceedings at a day-long seminar entitled "Representation of Combat Veterans in the Criminal Justice System". This event is being presented by the Veterans Law Section and the Criminal Law Section of the Federal Bar Association and co-sponsored by the District of Columbia, Maryland, Northern Virginia and Pentagon Chapters of the Federal Bar Association.

Beware of Imposters Posing as Law Enforcement in On-line Pharmacy "Investigations"

If someone calls you claiming to work for a regulatory or law enforcement agency and inquiring as to past online pharmacy purchases or demanding you pay a fine because you made such purchases, please be aware that there is a good chance you are being scammed. Do not talk to this person, do not send them money and do not provide them banking information. Immediately hang up the phone and call an attorney. 

Consent to search a vehicle

We are frequently asked how to respond when a police officer asks for consent to search your vehicle. Our emphatic response is "Just Say No!" By consenting to the search of your vehicle, you forfeit your right to challenge the search of your vehicle, and anything found within it can be used against you if you are charged with a crime. In order to search your vehicle the police officer must have probable cause to search it, or exigent circumstances must exist to do so. Police cannot search your car just because you have been arrested. If an officer thinks he or she has the right to search your vehicle, there is no reason to request your consent. Asking to search your vehicle is an implicit admission that the officer does not have cause to do so. 

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  1. Martindale Hubbell AV Preeminent Peer Rated for highest level of Provisional Excellence 2016 Best Lawyers Best Law Firms US News 2016 American College of Trial Lawyers William J.Sheppard Best Lawyers Lawyer of the year 2014 The Florida Bar Board Certified Best Lawyers|Best Law Firms US News|Criminal Defense: White-Collor|Tier 1|Jacksonville|2017
  2. Best Lawyers Best Law Firms US News 2017 AV Martindale Hubbell Peer Review Rated For Ethical Standards and Legal Ability Super Lawyers Best Lawyers Linking Lawyers And Clients Worldwide

Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
215 N. Washington Street
Jacksonville, FL 32202

Phone: 904-701-0589
Phone: 904-727-7191
Fax: 904-356-9667
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Regular office hours are 7:30 a.m. to 6:30 p.m.

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