Criminal Defense of Immigrants

Chapter

§3.1 I. Investigating the Case
§3.2 A. In General
§3.3 B. The Timing of the Case
§3.4 C. Dealing With Bias Against Noncitizens
§3.5 II. Interviewing the Client
§3.6 A. Preparation
§3.7 1. Special Considerations
§3.8 2. Non English Speaking Clients
§3.9 3. Basic Goals
§3.10 4. Client's Culture
§3.11 B. Client Interview
§3.12 1. Basic Immigration Status Questionnaire
§3.13 2. Screening for U.S. Citizenship
§3.14 a. Born in the United States
§3.15 b. Born to U.S. Citizen Parent(s) Abroad (Acquired Citizenship)
§3.16 c. Naturalization
§3.17 d. Child of Naturalized Citizen (Derivative Citizenship)
§3.18 e. Nationals of the United States
§3.19 f. American Indians Born in Canada
§3.20 g. Denaturalization
§3.21 3. Determining Immigration Status
§3.22 4. Advice for Client
§3.23 5. Client's Equities
§3.24 6. How Important Are the Immigration Consequences to the Client?
§3.25 7. Criminal Issues
§3.26 a. The Basic Criminal Case Interview
§3.27 b. Determining Which Criminal History Reports to Order
§3.28 c. Prior Convictions and Their Validity
§3.29 8. Obtaining Information About the Client's Culture
§3.30 9. Obtaining Medical Information
§3.31 III. Obtaining Immigration Records
§3.32 A. FOIA Requests
§3.33 B. Information on Amnesty Clients
§3.34 IV. Obtaining Criminal Records
§3.35 A. Criminal History Reports
§3.36 1. FBI Criminal History Reports
§3.37 2. State Criminal History Reports
§3.38 3. Motor Vehicle Conviction History
§3.39 4. Correcting Errors in Criminal Histories
§3.40 B. Obtaining Court Files and Transcripts
§3.41 C. Record Destruction Does Not Eliminate Convictions
§3.42 V. Obtaining Assistance from Immigration Counsel
§3.43 A. Finding Immigration Counsel
§3.44 B. Initial Consultation
§3.45 C. On-Going Consultation
§3.46 D. After Final Disposition of Criminal Case
§3.47 VI. Obtaining Assistance from Former Counsel
§3.48 A. Obtaining Attorney's Case File
§3.49 1. In General
§3.50 2. Conflict of Interest
§3.51 3. Attorney-Client and Work-Product Privileges
§3.52 B. Interviewing Former Defense Counsel
§3.53 1. Duty to Cooperate With Successor Counsel
§3.54 2. Mistakes Should Not Trigger Discipline
§3.55 3. General Considerations
§3.56 4. Corroborating the Client's Assertions of Prejudice
§3.57 VII. Obtaining Information About Client's Culture
§3.58 A. Cultural Experts
§3.59 B. Cultural Defenses
§3.60 C. Cultural Mitigation Issues
§3.61 D. Persecution and Torture of Client if Deported
§3.62 VIII. Cultural Effects on Medical Investigation
§3.63 IX. Foreign Investigations

§ 3.37 2. State Criminal History Reports

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A client may usually obtain a copy of his or her state criminal record directly from the state Department of Justice by filling out a form and submitting it. The completed application should usually include a set of fingerprints and a modest fee. The client can usually ask for the criminal record to be forwarded directly to the attorney, if desired. The record generally arrives in about a month. State procedures vary. Consult a criminal attorney in the jurisdiction.