The United States Supreme Court recently decided in Lee v United States that when one pleads guilty based on his counsel’s errors and gives up the right to a trial, which he certainly would have exercised had he known the consequences of his plea, he is entitled to a new trial. Lee was charged with drugs and guns. His counsel told him that if he pled guilty, he would not be deported. His counsel was wrong because he faced mandatory deportation from the plea to charges such as these. Prosecution tried to contend that he did not show prejudice. But Chief Justice Roberts, in writing for the court, said that prejudice under a situation such as this, is that Lee gave up his chance at a trial based on very bad information and advice from his counsel. He in essence forfeited his judicial proceedings and right to a jury trial based on the advice his lawyer gave him, which was totally incorrect.
