Criminal Defense of Immigrants

(A)  The Need for Speed.  The investigation of the facts necessary to analyze the immigration consequences of the criminal case should begin as soon as possible for a number of reasons.  The defense of the criminal case should be informed by an understanding of the immigration consequences of various possible dispositions.  Choices related to obtaining the client’s release will be affected by the client’s immigration status.  To the extent prior convictions are relevant to the defense of the criminal case or the immigration consequences of the client’s criminal history, documentation necessary to evaluate their legal validity may be lost through delay since courts, attorneys, and court reporters sometimes destroy or lose old files.  A deadline for filing a post-conviction petition may pass prior to the completion of the investigation.  Memories fade.  The court may hold the claim was not pursued with due diligence, and dismiss the petition for post-conviction relief.  Time is of the essence; the investigation must be pursued promptly, even if reasons exist for holding off on the filing of a post-conviction petition.