Criminal Defense of Immigrants

(A)  Sentence Dictated by Plea Agreement.  The judgment and sentence constitute part of the record of conviction for purposes of determining its nature and immigration consequences.  The sentence is often predetermined by the plea agreement, so that often, the court cannot impose a greater sentence than is called for in the plea agreement without allowing the defendant to withdraw the plea if the defendant wishes to do so, and the court cannot impose a lesser sentence than called for in the plea agreement without allowing the prosecution to set aside the plea.  Therefore, if the plea agreement specifies the sentence, counsel must of course determine the exact immigration consequences of that sentence prior to entry into the plea agreement and prior to entering the plea itself.  See generally Chapter 10, Sentence, infra.