Criminal Defense of Immigrants

(D)  Admissions that Expand the Nature of the Conviction To Cause Immigration Damage.  Since the defendant’s factual admissions are included within the record of conviction to determine the nature of the conviction for immigration purposes, the defendant should if possible avoid admitting facts that will cause the conviction to trigger immigration damage.  For example, to avoid a firearms conviction ground of deportation, a defendant pleading guilty to a charge of possession of a dangerous weapon will wish to avoid admitting the fact that the weapon he possessed was a firearm.  He may want to admit possession of an unidentified weapon instead.  The same may apply to the question of the identity of the controlled substances that was possessed, or the age or family relationship of the victim, or dozens of other facts.  See § 8.66, infra.

                PRACTICE TIP.  In plea bargaining, as well as generally in defending criminal cases, do not allow the client to make an admission or provide other new evidence of any offense involving drugs or prostitution.  For example, the defendant may make a declaration to establish equities, describing the facts of her previous life and how she has changed.  In doing so it is important for the defendant to avoid any admission of sale, addiction or abuse of drugs, or of engaging in prostitution.