“Buyer’s Remorse”: Undoing a Plea Deal When Deportation is on the Line

By: John Guidry

Buyer’s Remorse is a very real phenomenon in criminal cases. It is difficult for judges and defense attorneys to think of all the ways a criminal case can impact a person’s life. Who would think that an apartment application would be denied based on a misdemeanor? Sadly, it happens.

But the ultimate remorse comes when Immigration and Customs Enforcement (ICE) shows up. For some people, undoing a plea will pull them right out of deportation proceedings. So, let’s look at how we can Withdraw a Plea based on bad legal advice.

Did your lawyer fail to tell you that your plea would get you deported?

You might be able to undo it. Call John today at (407) 423-1117.

The “Ineffective Assistance” Claim (Padilla v. Kentucky)

[Shameless Plug] I have filed my share of Motions to Withdraw Plea because a previous lawyer never informed their client that deportation was mandatory. Legally, these are often called Rule 3.850 Motions for Ineffective Assistance of Counsel.

• The Argument: “Judge, please let me withdraw my plea because my lawyer never told me I would be deported as a result of this conviction.”
• The Law: Under Padilla v. Kentucky (2010), defense attorneys must advise non-citizen clients if a plea carries a risk of deportation.

However, just because your lawyer stayed silent doesn’t mean you win. You have to prove Seven Factors to pull this off. (Yes, seven. You really have to be interested in this topic to keep reading).

The 7 Hurdles to Withdrawal

1. The Judge’s Warning: What did the judge say at sentencing? Did they say you “may” be deported or “will” be deported? If the warning was wishy-washy (“could be”), you have a chance. If the warning was concrete, it’s harder to claim ignorance.

2. Sole Basis: Is this specific plea the only reason you are being deported? If ICE has three other reasons to kick you out, undoing this one plea won’t help, and the judge will deny the motion.

3. & 4. Automatic Deportation: Was deportation “automatic” under the law at the time? Was the statute clear? (These are technical, but necessary).

5. Lawyer’s Failure: You must prove your attorney failed to warn you.

• The Hurdle: Many plea forms (especially in Orange and Osceola Counties) now have a specific paragraph about deportation that you must initial. If you initialed it, it’s hard to say you didn’t know.

6. The “I Wouldn’t Have Pled” Factor (Prejudice): You must convince the court that if you had known, you would have rejected the plea and gone to trial.

• The Urban Legend: Many clients say, “My friend got the same charge and didn’t get deported.” That logic doesn’t work in court. You need to prove that going to trial would have been a rational choice for you.

The “Legal Status” Trap (Yanez v. State)

7. The “Yanez” Factor (Were you here legally?): This is the heartbreaker. To win, you generally must prove you were in the country legally at the time of the plea.

Let’s look at Yanez v. State, 2015 Fla. App. LEXIS 5596 (Fla. 2d DCA 2015).

• The Facts: Yanez was undocumented (“unlawfully present”) and pled to Public Assistance Fraud.
• The Claim: She argued her lawyer didn’t tell her the plea would cause deportation.
• The Ruling: The Court DENIED the motion.

Why? Because Yanez was already undocumented, she was already subject to deportation regardless of the crime.

“Because Ms. Yanez was in this country unlawfully and was subject to removal on that basis alone, she cannot establish that she was prejudiced by her counsel’s failure to advise her.”

Basically, the court said: “You were already deportable. This plea didn’t change your status, so no harm was done.” Ripping off the government for free benefits while undocumented is a fast track to a plane ride home, and the courts rarely offer sympathy in those cases.

John’s 2026 Update: The “Crim-Imm” Reality

Note: In 2015, Yanez lost because of her status. In 2026, the system is automated and unforgiving.

1. The Rise of “Crim-Imm” Specialists Immigration law has become so complex that “regular” criminal lawyers often get it wrong.

• The New Standard: In 2026, it is standard practice for us to consult a Crim-Imm Expert before you enter a plea. We need a written opinion letter stating exactly what the immigration consequences will be. If your previous lawyer didn’t do this, that is strong evidence of Ineffective Assistance.

2. Automated ICE Detainers In the past, people “slipped through the cracks.”

• The Reality: Today, jails are digitally linked to DHS databases. The moment your fingerprints are scanned at booking, ICE is alerted. You cannot rely on “flying under the radar.” If the plea makes you deportable, the Notice to Appear (NTA) from immigration is often waiting for you before you finish probation.

3. “Crimes of Moral Turpitude” (CIMT) The definition of what gets you deported is constantly expanding.

• The Trap: Even minor crimes like Petit Theft or certain traffic offenses can be classified as CIMTs. We fight to ensure your charge is “downgraded” or worded specifically to avoid this classification.

Don’t Guess With Your Future

If you are not a U.S. Citizen, a criminal plea is life-altering. Do not rely on what your friend’s friend said. You need a lawyer who understands both the criminal court and the immigration consequences.

Call me at (407) 423-1117. Let’s protect your status.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.