Criminal Defense of Immigrants

Certain general advice to the client, concerning the interplay between the criminal case and the client’s immigration status, has been described above.  See § 3.22, supra.  Other advice, of course, is necessary to cover the purely criminal aspects of the client’s situation, which is beyond the scope of this work.  See § 8.44, infra.  The present discussion will focus on advice to the client concerning the plea negotiation and plea entry processes.  In many states, the court at plea must advise the defendant concerning possible immigration consequences.  See § 8.45, infra.  For many reasons, see Chapter 2, supra, defense counsel must go beyond the possible immigration consequences and advise the client concerning the exact immigration consequences of the plea.  See § 8.46, infra.  Counsel must also prepare the client to perform the client’s role during actual entry of the plea.  See § 8.47, infra.  Finally, other advice to the client may be required.  See § 8.48, infra.