Safe Havens
- §6.1 I. Introduction
- §6.2 II. Negotiating a Safe Haven
- §6.3 A. Outline Exact Target Record of Conviction
- §6.4 B. Prepare Talking Points
- §6.5 1. What You Want
- §6.6 2. Why You Want It
- §6.7 3. Why They Should Give It to You
- §6.8 C. Respect Prosecution Interests
- §6.9 1. Prosecution Interest in Serious Offense
- §6.10 2. Prosecution Interest in Long Sentence
- §6.11 3. Prosecution Interest in Simple Disposition
- §6.12 4. Prosecution Interest in Quick Disposition
- §6.13 5. Prosecution Interest in Doing Little Work
- §6.14 6. Prosecution Interest in Fairness
- §6.15 7. Prosecution Interest in Protecting the Victim
- §6.16 D. Respect the Interests of the Court
- §6.17 III. Creation of Safe Record of Disposition
- §6.18 A. General Principles
- §6.19 1. Procedure Where Statute is Not Divisible
- §6.20 2. Procedure Where Statute is Divisible
- §6.21 3. Limitation to Record of Conviction
- §6.22 4. Irrelevance of the Facts
- §6.23 B. Elements of Record of Conviction
- §6.24 1. Charge of Conviction
- §6.25 2. Plea Agreement
- §6.26 3. Plea Hearing
- §6.27 a. Nature and Wording of the Plea
- §6.28 i. Guilty Plea
- §6.29 ii. No Contest Plea
- §6.30 iii. Plea Without Admission of Guilt
- §6.31 iv. Not Guilty by Reason of Insanity
- §6.32 v. "Slow Plea" of Guilty
- §6.33 b. Avoiding Factual Admissions
- §6.34 i. Factual Basis Stipulation
- §6.35 ii. Oral Statements of Defendant
- §6.36 4. Probation Interview
- §6.37 5. Sentence Hearing
- §6.38 6. Judgment
- §6.39 a. Length of Sentence Imposed
- §6.40 b. Restitution
- §6.41 IV. Documentation of Safe Haven Disposition
- §6.42 A. Certified Copies
- §6.43 B. Charge of Conviction
- §6.44 C. Clerk’s Minutes of Entry of Plea
- §6.45 D. Reporter’s Transcript of Plea Hearing
- §6.46 E. Written Judgment
- §6.47 F. Clerk’s Minutes of Sentence
- §6.48 G. Probation Order
- §6.49 H. Reporter’s Transcript of Sentence
- §6.50 V. Conclusion: Winning the Case in Immigration Court
§ 6.5 1. What You Want
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To prepare for the negotiation, counsel should have an exact definition of the target disposition. See § 6.3, supra. In addition, s/he should be prepared with similar specific definitions of each of the back-up safe havens the client would accept if the most desirable disposition is not acceptable to the prosecution.
