Criminal Defense of Immigrants


§ 3.47 VI. Obtaining Assistance from Former Counsel

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Former criminal defense counsel can be of great assistance in investigation of an immigrant’s case.  First, s/he will already have a criminal case file containing a wealth of information concerning the case(s) s/he handled for the client.  Second, s/he has personal knowledge of the strategy that was employed in the defense of the case(s), and of the private attorney-client conversations s/he held with the client concerning every aspect of them.  Third, s/he usually has valuable knowledge of the personalities of the police, witnesses, codefendants, prosecutors, and judges who were involved in the original prosecution, and who may very well be involved in any post-conviction work that may be necessary to neutralize the adverse immigration consequences of the prior conviction(s).