Safe Havens

Standard criminal defense arguments may be made if the client has maintained a good record before and since the incident giving rise to the charges, and the equities in his or her favor are strong.  The client can take a credible position of refusing to acquiesce in any outcome that will destroy the family and permanently exile the client to a foreign land.

            The client can also threaten to put prosecution and court to the extensive work and considerable expense of a jury trial, because the issue is so important to the client, unless a disposition with an acceptable immigration result is reached.  If the adverse criminal consequences are minor in comparison with the drastic immigration effects, the client may be perfectly willing to risk any downside (in terms of jail time, etc.) in order to obtain an opportunity to remain in this country.  (Any risks of adverse criminal consequences, of course, should be thoroughly explored with the client.)[13]

            In essence, counsel can bargain with the prosecutor and court concerning (a) the nature of the charges of conviction, (b) the number of charges to which the client will plead guilty or no contest, and (c) the nature of the sentence the client will receive.

[13] See K. Brady, et al., California Criminal Law and Immigration § 8.15 (2004).