Safe Havens

In addition, counsel should carefully consider other elements of possible sentence and collateral consequences, such as probation restrictions, registration requirements, occupational licensing consequences, and the like.  These may be very important to the defendant and the prosecution.  For example, for many sex offenses, it is very important to the prosecution to obtain a conviction for which the defendant will be ordered to register as a sex offender.  The prosecutor may see this as important to protect neighbors and the public generally against the risk that the defendant may reoffend.  Therefore, in seeking a safe haven in such a case, it will be much easier to obtain the prosecution’s agreement if a safe haven offense can be found that will trigger a registration requirement.  On the other hand, the defendant may care a great deal about avoiding the humiliation of a sex offender registration requirement.  One client felt that if registration could not be avoided, he would rather suffer deportation.