Criminal Defense of Immigrants


§ 5.28 (C)

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(C)  Charged Offenses.  If the safe haven offense is the lead offense — the most serious offense that is commonly charged in Count I of the charging paper — then the chances are higher that the prosecution may be willing to accept a plea of guilty to it, thereby protecting the client from deportation on account of the conviction.  In other cases, a safe haven may be found as a charged offense somewhere among the charges filed against the defendant.  Here as well, the prosecution may be likely to accept a plea to a following count, at least if the maximum penalty is more or less equivalent to the most serious offense charged, or the prosecution is willing to accept a plea to a lesser charged offense.