Some jurisdictions will be far more favorable to immigrants and criminal defendants in general than others.  Some prosecutors' offices have an implacable policy against negotiating immigration-harmless dispositions, where other counties are more flexible.

 

            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.

Other

CAL POST CON " SANTA CLARA COUNTY " NEW HEAD PROSECUTER IS MORE OPEN TO POST-CONVICTION RELIEF
Immigration counsel, including Michael Mehr and Kathy Brady, have been in negotiations with the new District Attorney of Santa Clara County, concerning a new policy more favorable to (1) negotiating plea bargains to take disproportionate immigration consequences into account, and (2) negotiating the granting of post-conviction relief under similar circumstances. The final new policy has not yet been adopted, but it appears likely that the Santa Clara County District Attorneys Office will take immigration consequences into account unless there is a violent or serious felony, in which case there will be a presumption against taking immigration into account. In addition, they may choose not to oppose a grant of post-conviction relief if there are good, solid equities and reasons why the immigration disaster caused by the conviction is disproportionate to the crime. This is especially true if the plea is to a more serious or equally serious offense. As a result of the new regime, Michael Mehr has negotiated two new dispositions in which post-conviction relief was granted by writing a letter and making phone calls without filing a motion for post-conviction relief. The reason: If the motion for PCR goes to the law and motion department, they will just file an opposition. It is better to talk with a supervisor. Local counsel may also have a better chance of negotiating a better result. Specifically, he vacated a second petty offense conviction, even though there was no jurisdiction to file a habeas and no real 1016.5 case, with a new plea to a violation of Penal Code 415 with an additional 10 days work release. In another case, he vacated a possession for sale conviction vacated under Penal Code 1016.5 (even though there was no violation of that statute) and substituted a conviction of offering to sell with no additional sentence. Thanks to Michael Mehr.