Criminal Defense of Immigrants

(D)  Prosecutorial Policies Concerning Relevant Factors, Including Immigration Consequences.  Counsel should also investigate whether the prosecutor’s office has any policies, formal or informal, concerning whether and when to negotiate cases in order to minimize immigration consequences, and any attitudes toward immigrants, legal or otherwise, that may be relevant to the case.  It is also useful to know of any previous similar cases in which dispositions favorable to the defense have been negotiated: “Argument from precedent is often quite effective in negotiation.” [31]  Concerning federal policies, see § 8.16(C)(1), infra.  Concerning state policies, see § 8.16(C)(2), infra.

[31] A. Amsterdam, I Trial Manual for the Defense of Criminal Cases [210], p. 352 (1988).