| Norton Tooby

Finding and Creating Federal Misdemeanors with One-Year Maximum Sentences

Apr

The federal accessory-after-the-fact statute, 18 U.S.C. 3, can be a tool for creating misdemeanors. Any federal offense with a two-year maximum can be reduced to a misdemeanor (with a one-year maximum) by pleading to accessory after the...

Lack of Advice on Actual Immigration Consequences of Plea by Unrepresented Defendant: Potential Grounds To Vacate the Conviction

Apr

The narrow holding of Padilla does not apply where a defendant represented him- or herself in the criminal case, because there is no defense counsel in the case who is obligated affirmatively to give accurate advice concerning the...

California Witness Dissuasion Plea Offers An Immigration-Safe Alternative Disposition, Especially In Domestic Violence Cases

Feb

By Norton Tooby

A plea to simple witness dissuasion, in violation of California Penal Code § 136.1(b), does not trigger deportation under any ground, at least...

How Padilla Might Help Defendants Who Pleaded Guilty Without Counsel

Jan

By Norton Tooby

The narrow holding of Padilla does not apply where a defendant represented him- or herself in the criminal case, because there is no counsel who is obligated affirmatively to give accurate advice...

California One-Year Custody as Condition of Probation May Not Constitute Aggravated Felony One-Year Sentence Imposed

Nov

Many aggravated felony definitions require that the court order a term of imprisonment for a qualifying conviction of one year or more, or they are not aggravated felonies. For many of the most common aggravated felonies, the sentence...

First Drug Possession Convictions Occurring Before July 14, 2011 Can Still Be Erased By Expungement

Aug

In Lujan-Armendariz v. INS, 222 728 (9th Cir. 2000), the Ninth Circuit held that state rehabilitative relief from first-offense simple possession convictions was effective to eliminate all immigration consequences, by analogy to the Federal First...

Great Expansion of Free Content on this Website

Sep

All 8,000 pages of our Practice Manuals -- the best information in the world on criminal immigration law – are now available on this website. All of the Practice Manuals are available for purchase as Online Editions that are viewable...