Criminal Defense of Immigrants

A major class of safe havens consists of dispositions of criminal cases that do not constitute convictions, under the immigration-law definition of “conviction.”  See § 7.11, supra.  This class of safe havens includes the following:

                (1)  Acquittal.  Where a court or jury has returned a verdict of “not guilty,” the noncitizen has not suffered a conviction, and the disposition cannot trigger any conviction-based immigration consequence.  See § 7.28, infra.

                (2)  Dismissal Before Conviction.  Where the court has ordered a criminal charge to be dismissed, prior to any verdict of guilty, and no plea of guilty or no contest or qualifying admission has been entered, there is no conviction to trigger any conviction-based immigration consequence.  See § 7.29, infra.

                (3)  Deferred Prosecution.  Where criminal proceedings are postponed and later dismissed by agreement between prosecution and defense, and no plea of guilty or no contest, admission, or verdict has been entered at any time, there is no conviction to trigger any conviction-based immigration consequence.  See § 7.30, infra.

                (4)  Deferred Verdict.  Where a court or jury trial occurs, but before a verdict has been entered, the criminal proceedings are postponed and later dismissed by agreement between prosecution and defense, and no guilty or no contest plea, admission, or verdict has been entered at any time, there is no conviction to trigger any conviction-based immigration consequence.  See § 7.31, infra.

                (5)  Deferred Sentence.  Where a plea or verdict of guilty is entered, but before a sentence has been passed, the criminal proceedings are postponed and later dismissed by agreement between prosecution and defense, there is arguably no conviction to trigger any conviction-based immigration consequence.  See § 7.32, infra.