Criminal Defense of Immigrants
§ 11.56 viii. The Jurisdiction Where the Conviction Occurred is Relatively Sympathetic
For more text, click "Next Page>"
Rural jurisdictions are often much more personal than urban courts. The judge may see the defendant every week at a coffee shop, or play golf every weekend with defense counsel. These circumstances can work to the client’s benefit — or detriment — depending on the relationships. If the specific judge or prosecutor is racist or xenophobic, it may not be wise to let them know the immigration situation if they are not already aware of it.
Conversely, the anonymity of urban courts can enable requests for post-conviction relief to slip through unnoticed, which would never be possible in a smaller court. Some jurisdictions will be far more favorable, to immigrants and criminal defendants in general, than others will. Local counsel must be consulted to learn these critical facts.