A 40-year-old Spanish-speaking client who is not a U.S. citizen pled guilty to a reduced charge of aggravated assault (from felonious assault) in 2003 in Ingham County. The conviction was coming back to cause him problems currently as immigration was attempting to deport him because of this offense. Attorney Tiffany DeBruin filed a motion to withdraw his plea on the basis that, since he did not have an attorney or interpreter present, his plea was not knowing, willing, or voluntary as is required by the law. The judge granted the motion and withdrew his plea. After lengthy discussions, the prosecutor was willing to dismiss the original charge of felonious assault. The client can now remain in the United States without concern of expedited removal proceedings.
The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.