It is true that the Supreme Court, in Padilla, discussed counsels duty to advise where the immigration law is not clear. In that situation, it stated, more general advice that the plea may trigger deportation or other immigration consequences may suffice. But it is well-established that defense counsel must first conduct a competent investigation before giving such advice, and a competent tactical decision cannot be based on ignorance.

As the Supreme Court held in Strickland v. Washington, counsel must, at a minimum, conduct a reasonable investigation enabling him or her to make informed decisions about how best to represent his or her client. There is nothing strategic or tactical about ignorance . . . .

As the court stated in Sanders v. Ratelle:

[T]he failure to conduct a reasonable investigation constitutes deficient performance. The Third Circuit has held that [i]neffectiveness is generally clear in the context of complete failure to investigate because counsel can hardly be said to have made a strategic choice when s/he [sic] has not yet obtained the facts on which such a decision could be made. See U.S. v. Gray, 878 F.2d 702, 711 (3d Cir. 1989). A lawyer has a duty to investigate what information . . . potential eye-witnesses possess[], even if he later decide[s] not to put them on the stand. Id. at 712. See also Hoots v. Allsbrook, 785 F.2d 1214, 1220 (4th Cir. 1986) (Neglect even to interview available witnesses to a crime simply cannot be ascribed to trial strategy and tactics.; Birt v. Montgomery, 709 F.2d 690, 710 (7th Cir. 1983), cert. denied, 469 U.S. 874 (1984) (Essential to effective representation . . . is the independent duty to investigate and prepare.)

Thus, the conviction is invalid where counsel fails to investigate the case in a competent manner, to the defendants prejudice. Counsel cannot be said to have made an informed tactical decision without conducting an adequate investigation. The failure to obtain the advice and assistance of an expert witness can amount to ineffective assistance of counsel under state and federal constitutions, as can the failure to investigate and contact witnesses. Similarly, a plea is invalid if counsel fails to conduct the adequate factual investigation necessary to offer the defendant an informed recommendation concerning the plea.