Criminal Defense of Immigrants

It is important to be aware of what the prosecution wants.  Often, immigration counsel are unrealistic in assessing the chances a prosecutor or criminal judge will agree to a minor disposition, in light of the interests of the prosecution in a criminal case.  Most criminal cases will not just go away.  The prosecution wants more convictions, rather than fewer.  It wants serious convictions, in appropriate cases, rather than minor convictions.  It wants longer sentences, rather than short ones. 

                Professor Herman has listed the following interests of the prosecutor: strength of the prosecution’s case, nature of the crime and public sentiment, the feelings of the victim and the police, the background and status of the defendant, the prosecutor’s internal plea policies and limitations of the law, budgetary and resource constraints, the defendant’s ability to assist the prosecution, and the personal or political motivations of the prosecutor.[70]

[70] G. Herman, Plea Bargaining § 2:02 (2d ed. 2004).