Criminal Defense of Immigrants

Counsel should ensure the client is thoroughly prepared for the client’s role in entry of the plea.  Aside from the consultation concerning the immigration and other consequences of the disposition that will in fact be entered, the client will be called upon to perform certain functions during the plea colloquy:

                (1)  In some courts, especially federal courts, the client will be placed under oath and interrogated during the plea colloquy.  The client should be prepared to answer the questions the court or prosecutor will put to him or her during this process.  See § § 8.65-8.66, infra.

                (2)  The preparation meeting should be facilitated by an interpreter if there is any possibility an interpreter would be of assistance to the client or counsel in understanding each other precisely during this meeting.  See Chapter 4, supra. 

                (3)  Counsel should carefully review not only the case, and the decision to accept the disposition, but also each document that will be of significance during the plea colloquy, for example, the charging paper, particularly the offense(s) to which a plea will be offered, the Plea Agreement (oral or written), any written waiver of rights forms that may be employed by the court, any documents evidencing the client’s agreement to particular terms or conditions of probation, instructions to the client on reporting to probation for initiation of probation supervision, and the like.  See § § 8.50-8.67, 16.15-16.33, infra.