Criminal Defense of Immigrants



 
 

§ 5.8 (F)

 
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(F)  Liabilities under federal law or regulations, including:

           

(1)           Ineligibility for military service (including                                       National Guard service, which, in turn, is the                                          precondition for certain employments).

 

(2)                 Ineligibility for public office or employment.

 

(3)       Liability to deportation and other immigration consequences if the defendant is an alien.

               

(G)         Privately imposed sanctions:

 

                (1)           Higher insurance rates (particularly in traffic                                                cases).

 

                (2)           Restrictions on employment, residence,                                                          admission to professions, admission to                                                         educational institutions, and so forth.

 

Of course, in addition to knowing each of the consequences that may follow conviction, counsel must undertake to calculate the likelihood of actual occurrence of each.[5]

 

                Sometimes, as with loss of employment or sex offender registration requirements (especially in this era of public posting of the information on the internet), some of these other collateral consequences can be extremely important to the client.  Some people also take very seriously any restriction on the right to own or possess firearms, that can be forfeited on account of certain criminal convictions.


[5] I A. Amsterdam, Trial Manual for the Defense of Criminal Cases § 206, pp. 345-346 (1988) (emphasis in original).

Updates

 

Lower Courts of First Circuit

POST CON RELIEF " VEHICLES " VERMONT " NATIONAL " CORAM NOBIS MAY OFTEN BE USED WHERE TRADITIONAL STATE POST CONVICTION VEHICLES DO NOT APPLY
State v. Sinclair, 2012 Vt. 47 (2012) (the writ of coram nobis is available to pursue 6th Amendment claims for defendants who cannot file under the state PCR statute; the opinion reviews the state of coram nobis law in other jurisdictions, and declines to follow those that have limited or eliminated the availability of the writ (most notably California in an oft-cited decision, People v. Kim)).

Other

CRIMINAL DEFENSE OF IMMIGRANTS " COLLATERAL CONSEQUENCES " RESTORATION OF RIGHTS AND STATUS AFTER CONVICTION
On Dec. 22, 2011, the National Association of Criminal Defense Lawyers (NACDL) announced that the consequences of conviction " specific legal barriers, generalized discrimination, and social stigma " have become more numerous and severe, more public, and more permanent. The legal mechanisms relied on in the past to restore rights and status " pardon, expungement, certificates of good conduct " have atrophied or become ineffective, with the result that a significant percentage of the American public is permanently consigned to second class citizenship. As a result, it has created a Task Force on Restoration of Rights and Status After Conviction. For more information, see http://www.criminaljustice.org/criminaldefense.aspx?id=23270

 

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