§ 5.21 D. Defense of Criminal Case
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Criminal counsel addressing the immigration consequences of a criminal case will seek to avoid creating a ground of deportability, see § 5.22, infra, a ground of inadmissibility, see § 5.23, infra, or a bar to eligibility for immigration relief, see § 5.24, infra. Clients with multiple charges or multiple criminal cases present special difficulties. See § 5.25, infra.
CRIMINAL DEFENSE - DISTRICT ATTORNEY POLICY - COLLATERAL CONSEQUENCES CAN BE TAKEN INTO ACCOUNT WHEN THEY MAKE THE PUNISHMENT DISPORPORTIONATE
The Los Angeles District Attorney's Office, referring to the California Rules of Court requiring the sentencing judge to take account of collateral immigration consequences in deciding whether to grant probation, has enacted a Special Directive allowing prosecutors to depart from normal plea bargaining and post-conviction policies where collateral consequences "have so great an adverse impact on a defendant that the resulting punishment may not fit the crime." This provision authorizes a departure from policy when "unusual or extraordinary circumstances exist which demand a departure in the interest of justice." "All departures from policy based on collateral consequences must be approved by the appropriate supervisor." This District Attorney's Office contains some 600 attorneys. These policies may be found on the District Attorney's website at http://da.co.la.ca.us/sd03-04.htm.