Criminal Defense of Immigrants


§ 10.44 VIII. Probation Violation Proceedings

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Probation violation proceedings can have important immigration effects.  In general, probation violations do not alter the nature of the offense of conviction for immigration purposes.  See § 10.46, infra.  As always, it is essential to handle the probation violation proceedings so as to avoid making admissions that will have a damaging effect on immigration proceedings.  See § 10.47, infra.  If a probation violation is admitted or found true after hearing, the court will conduct a fresh sentencing hearing, which may alter the immigration effects of the conviction and must be defended so as to minimize immigration consequences. See § 10.48, infra.  This discussion offers suggestions for negotiating probation violations with the prosecution.  See § 10.49, infra.