Criminal Defense of Immigrants
§ 5.39 F. Criminal Reprosecution
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There are two potential disadvantages to reopening some cases. First, the defendant may receive harsher criminal penalties the second time around, even though s/he must normally be given full credit for time served. See § 5.41, infra. Second, the case may result in convictions and sentences that trigger immigration consequences even worse than those originally suffered. See § 5.42, infra.