Safe Havens

Criminal defense counsel may desire the bargaining advantages of a guilty plea, but also wish to preserve the full right to appeal which may be lost under some states’ procedures if a guilty plea is entered.  This would enable counsel to raise an illegal search, unconstitutionality of a statute, or other legal issues on appeal, and perhaps win the case in that way.  During the appeal, the conviction is not yet final for immigration purposes, and deportation proceedings cannot be initiated until the appeal has been completed.  This may also allow the client successfully to complete probation, so as to obtain state rehabilitative relief, or other post-conviction relief, that would be effective in some cases to eliminate the conviction for immigration purposes.