Criminal Defense of Immigrants


§ 8.26 3. Simple Disposition

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Prosecutors are is typically very busy, with large case loads.  Demands on their attention should be minimized.  They will typically be happiest with simple dispositions, that do not require much time or thought on their part.  Therefore, simpler safe havens have a greater chance of securing prosecutorial acceptance than more complicated ones.  Of course, some of the safe havens require complicated dispositions and counsel must do whatever is necessary to secure them.  If all other things are equal, however, the prosecutor will be grateful for simplicity.  If the case will become much more complicated if the prosecution does not go along with counsel’s simple solution, that pressure may assist the prosecutor to decide in favor of counsel’s simpler proposal.