Criminal Defense of Immigrants

Chapter

§8.1 I. Introduction
§8.2 II. Preparation
§8.3 A. Counsel's Role
§8.4 B. Research
§8.5 C. Client's Decision
§8.6 III. Factors Affecting Plea
§8.7 A. In General
§8.8 B. Special Considerations for Noncitizens
§8.9 IV. Target Disposition
§8.10 A. Outline Exact Target Record of Conviction
§8.11 B. Ranking Alternatives
§8.12 V. Plea Negotiations
§8.13 A. Things to Know
§8.14 B. Negotiation Theory
§8.15 C. Negotiation Process
§8.16 1. The Prosecutor
§8.17 2. The Client
§8.18 3. The Court
§8.19 D. Defense Negotiating Position
§8.20 1. What You Want
§8.21 2. Why You Want It
§8.22 3. Why They Should Give It To You
§8.23 E. Respect Prosecution Interests
§8.24 1. Conviction of Serious Offense
§8.25 2. Long Sentence
§8.26 3. Simple Disposition
§8.27 4. Quick Disposition
§8.28 5. Avoiding Work
§8.29 6. Fairness
§8.30 7. Protecting the Victim
§8.31 F. Respect the Court's Interests
§8.32 G. Role of Defendant's Immigration Status
§8.33 1. Whether to Alert Prosecution or Court to Immigration Issues
§8.34 2. Neutralizing Bias Against Noncitizens
§8.35 a. Noncitizens in General
§8.36 b. Noncitizens Without Lawful Status
§8.37 VI. Entry of Plea
§8.38 A. General Considerations
§8.39 1. Interpreters
§8.40 2. Avoiding Damaging Immigration Admissions
§8.41 3. Other Considerations
§8.42 B. Timing of the Plea
§8.43 C. Advice to Client
§8.44 1. Criminal Consequences
§8.45 2. Advice of Possible Immigration Consequences Required by Statute
§8.46 3. Advice of Exact Immigration Consequences
§8.47 4. Preparation for Client's Role in Entry of Plea
§8.48 5. Other Advice to Client
§8.49 D. Entry of Plea
§8.50 1. Plea Agreement
§8.51 a. Offense of Conviction
§8.52 b. Sentence
§8.53 i. Length of Sentence Imposed
§8.54 ii. Restitution
§8.55 2. Plea Hearing
§8.56 a. Nature and Wording of Plea
§8.57 i. Guilty Plea
§8.58 ii. No Contest Plea
§8.59 iii. Plea Without Admission of Guilt
§8.60 iv. Not Guilty by Reason of Insanity
§8.61 v. Slow Plea of Guilty
§8.62 vi. Dispositions Without Plea
§8.63 b. Avoiding Factual Admissions
§8.64 i. Record of Conviction
§8.65 ii. Factual Basis Stipulation
§8.66 iii. Oral Statements of Defendant
§8.67 iv. Probation Interview

§ 8.1 I. Introduction

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STATISTICS " CONVICTIONS BY PLEA CONSTITUTE 95%
The vast majority of criminal charges are disposed of through a plea, see BUREAU OF JUSTICE STATISTICS, U.S. DEPT OF JUSTICE, SOURCEBOOK OF CRIMINAL JUSTICE STATISTICS 2003, at 450 tbl.5.46 (2005) (only approximately five percent of all state felony criminal prosecutions go to trial).