Safe Havens



 
 

§ 5.64 2. Effect as Prior Conviction in Future

 
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The effect of the conviction as a prior conviction on sentences for future offenses does not have any immigration consequences.  It is a very important factor, however, in the mind of the prosecution in deciding whether to agree to a particular safe haven disposition.  Moreover, the defendant should care a great deal about this if there is any chance s/he will offend in the future, since it will have a great effect on the length of future sentences for future offenses.  If the risk is extreme enough, the defendant may choose to accept deportation rather than incur a significant risk that s/he may be ordered to serve a life sentence in the future.  On the other hand, the client who has been deported permanently from the United States does not care about the recidivist effects of the safe haven conviction.  These sentence effects of the conviction, considered as a prior conviction in a future prosecution, should therefore be identified very carefully.

 

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