Criminal Defense of Immigrants



 
 

§ 5.10 B. 5 Steps

 
Skip to § 5.

For more text, click "Next Page>"

The basic approach to defending a criminal case, so as to take immigration consequences fully into account, and minimize them as much as possible, is quite simple:

 

1.             Obtain exact information on the client’s immigration situation;[6]

 

2.             Consult an immigration expert to determine realistic criminal goals that can minimize immigration consequences;

 

3.             Determine with the client how important the immigration goals are, as opposed to traditional criminal defense goals;

 

4.             Formulate a strategy that gives appropriate weight to the need to minimize adverse immigration consequences, in light of the other consequences of the criminal case and the desires of the client; and

 

5.             Continue to consult with an immigration attorney since additional immigration questions frequently arise during the course of the case.


[6] See M. Vargas, Representing Noncitizen Criminal Defendants In New York State, Chapter 2 (NY State Defender’s Association, Criminal Defense Immigration Project, 4th ed., 2006).

 

TRANSLATE