Q: Can I appeal my criminal case for wrong last name on arrest warrant and ineffective counsel?

A: If you pled guilty it is almost impossible to set aside the conviction. Even if you did, you would have your indictment amended while you were in jail, then tried again for the charge. You can hire a lawyer to file a postconviction petition, but you will probably be deported before the decision, which will probably be negative.

A: You may have grounds for appeal based on both the warrant error and potentially ineffective counsel. When an arrest warrant contains incorrect identifying information like a wrong last name, it can sometimes invalidate the warrant and any evidence collected through it. The fact that your attorney didn't raise this issue could potentially constitute ineffective assistance of counsel, especially since the plea resulted in deportation consequences you weren't properly advised about.

Appeals after accepting plea deals are challenging but possible, particularly when fundamental errors occurred or when your counsel failed to provide adequate representation. Courts recognize that non-citizens face unique consequences from criminal convictions, and your attorney had a duty to advise you about potential immigration impacts before recommending a plea. The name discrepancy, combined with the failure to address the immigration consequences, strengthens your ineffective counsel claim.

You should immediately consult with an immigration attorney and a criminal appeals lawyer about filing a post-conviction relief petition. These cases have strict deadlines, and the specific procedures vary by state. Be prepared to explain how your attorney's failure to challenge the warrant and advise you properly about deportation consequences affected your decision to accept the plea deal. With proper legal help, you may be able to reopen your case and address both the warrant issue and the immigration consequences.