Criminal Defense of Immigrants
§ 5.10 B. 5 Steps
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The basic approach to defending a criminal case, so as to take immigration consequences fully into account, and minimize them as much as possible, is quite simple:
1. Obtain exact information on the client’s immigration situation;[6]
2. Consult an immigration expert to determine realistic criminal goals that can minimize immigration consequences;
3. Determine with the client how important the immigration goals are, as opposed to traditional criminal defense goals;
4. Formulate a strategy that gives appropriate weight to the need to minimize adverse immigration consequences, in light of the other consequences of the criminal case and the desires of the client; and
5. Continue to consult with an immigration attorney since additional immigration questions frequently arise during the course of the case.
[6] See M. Vargas, Representing Noncitizen Criminal Defendants In New York State, Chapter 2 (NY State Defender’s Association, Criminal Defense Immigration Project, 4th ed., 2006).
