Tooby's California Post-Conviction Relief for Immigrants
§ 3.17 7. There Is Small Risk the Client Will Receive Additional Time in Custody if the Case Is Reopened and the Client Is Reconvicted
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There are two potential disadvantages to reopening some cases. First, the defendant may receive harsher criminal penalties the second time around, even though s/he must be given full credit for time served. Second, the case may result in convictions and sentences that trigger immigration consequences even worse than those originally suffered.