Criminal Defense of Immigrants


§ 8.55 2. Plea Hearing

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The plea hearing, or colloquy, is a critical stage of the proceedings and has a great impact on the record of conviction in several ways.  The plea agreement is typically stated on the record, which will identify the offense of conviction to a greater or lesser degree.  It is often required that the elements of the offense of conviction be stated on the record during the plea hearing.  The defendant will enter a plea.  Perhaps there will be a stipulation that certain facts exist, or that the court can consider certain documents as forming the factual basis for the entry of the plea.  The defendant may be called upon to make factual admissions as to the conduct that constituted the offense.  Each of these events may be considered as forming part of the record of conviction for purposes of determining the nature of the offense of conviction for immigration purposes.