Safe Havens



 
 

§ 5.30 1. Charged Offenses

 
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If the safe haven offense is the lead offense — the most serious offense that is commonly charged in Count I of the charging paper — then the chances are higher that the prosecution may be willing to accept a plea of guilty to it, thereby protecting the client from deportation on account of the conviction.  In other cases, a safe haven may be found as a charged offense somewhere in the indictment, information, or complaint filed against the defendant.  Here as well, the prosecution may be likely to accept a plea to a following count, at least if the maximum penalty is more or less equivalent to the most serious offense charged, or the prosecution is willing to accept a plea to a lesser charged offense in return for the plea.

 

 

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