Criminal Defense of Immigrants


§ 8.42 B. Timing of the Plea

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If a plea can be negotiated quickly, before an immigration hold is placed, the client may be released from criminal custody.  If the client does not go back into custody, it is possible the DHS may not identify the defendant as subject to removal.  See § 6.5, supra.  As usual, the plea should be entered when the client is before a judge who will be sympathetic to the need to avoid adverse immigration consequences, if the jurisdiction permits the court to influence plea negotiations or if the sentence may trigger adverse immigration consequences.[85]

[85] A. Amsterdam, I Trial Manual for the Defense of Criminal Cases [218], pp. 366 (1988).