Erkan & Sullivan Obtains Reversal of Conviction and Dismissal – By Agreement – After Two Prior “Expert” Lawyers Tried and Failed.

September 9, 2024

Essex County Superior Court (Salem)

For 30 years, our client lived in the shadows, waking up every morning to wonder if it would be the last time he would do so in this country. In 1989, our client pleaded guilty to a felony offense. At the conclusion of his sentence, he looked forward to returning to his family, his debt to society paid. But the end of his sentence turned out to be the beginning of a new nightmare – one that would last for the next 30 years. Rather than being released, he was taken before a federal immigration judge who deported him as a result of his guilty plea.

His deportation was mandatory—a fact that the court system concealed from him when he pleaded guilty. This client deserved to know that his plea carried such a disastrous consequence, one that would rip him from his wife, his children, and his home. Had he known, he would have never given up his right to a trial.

This moment marked the start of a 30-year fight for justice in the form of post-conviction relief. But instead of finding justice, he fell prey to dishonest, predatory lawyers. One after another, two different crooked lawyers held themselves out as “experts.” They promised they would save him, telling him all he needed to do was pay their fees. But once paid, both lawyers filed weak, boilerplate motions for a new trial. Both motions grossly misstated the law and failed to address the tragic unfairness of our client’s case. The court summarily denied both – putting our client back to square one, just a lot poorer.

Grief-stricken, our client began sharing his story with family and friends. He learned about others who had gone through the same ordeal. It was through sharing his story that he first heard about our office—a place where people can go to find hope.

Our client came to us and shared his story. We were moved by what he had been through and agreed to help. We drafted a masterful pleading that brought him to life as a real person deserving of a second chance. The legal narrative we presented showed the only just solution was to invalidate his guilty plea.

After receiving our motion, the judge ordered the prosecutor to file a response. Yesterday, we received that response. In it, the government confessed that the guilty plea had been illegally obtained. As a result, the prosecutor agreed that a new trial should be ordered. Even better, she agreed that the case should, in the interests of justice, be dismissed in its entirety.

This case is a testament to the power of perseverance and the importance of skilled legal representation. After three decades of hardship and two failed attempts by prior counsel, our client finally received the justice he deserved. At Erkan & Sullivan, P.C., we are committed to fighting for those who have been wronged, ensuring that their voices are heard and their rights are protected.

If you or a loved one are facing legal challenges, contact Erkan & Sullivan, P.C. today. Our dedicated team is ready to provide the defense you deserve.