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Attacking
Criminal Convictions
A. Draft
Court Papers and Documentation
This office is available to draft motions to vacate, habeas corpus
petitions, coram nobis petitions, and the like in cases in which
we have conducted the Investigation and File Review described above.
This service includes doing all research, drafting pleadings and
memoranda, drafting and collecting all necessary documentation,
assisting the client in finding top local counsel to handle Formal
Representation in Negotiations and Litigation (see below), consulting
with local counsel, drafting any additional necessary memoranda,
proposed court orders, and the like. This work can cost an average
of $25,000, depending on the number of convictions or sentences
that must be attacked, the complexity of the issues, the importance
of the case, and other factors. |
B. Formal
Representation in Negotiations and (if necessary) Litigation in
Court
Occasionally, this office will undertake direct representation of
the client in court proceedings to attack a conviction. It often
makes more sense to employ local counsel in the area in which the
conviction was obtained, so as to minimize travel expenses and legal
fees, and to take advantage of local counsel's local knowledge of
the procedures and personalities in the particular court, the respect
local counsel may have earned over many years of practice there,
and the friendship s/he may have developed with local judges and
prosecutors. If this office undertakes to represent the client directly
in court during the proceedings to attack the conviction, it will
probably be considerably more expensive than for local counsel to
handle the case, because of travel time, travel expenses, and the
fact that this office may charge more per hour than local counsel
would charge. |
C. Criminal
Defense After Conviction Has Been Reopened
This office does not provide this service, except we will provide
information concerning immigration consequences of various possible
dispositions. If at the time the attack on the conviction succeeds,
and the case is reopened, it is possible to negotiate an acceptable
result without additional court appearances, that service would
be included in the Formal Representation in Negotiations and Litigation
described above. If, however, no acceptable plea agreement can be
reached at that time, and additional court appearances are necessary
to litigate or negotiate the case, it would be necessary to hire
local or other counsel to perform that work, as this office specializes
in reopening criminal cases for immigration purposes, rather than
in traditional criminal defense. This office would provide consultation
services to new counsel to inform client and counsel of the immigration
consequences of any proposed disposition or other outcome of the
case. |
D. Criminal
Defense Before Conviction
This office does not generally provide this service, except Case
Evaluation or Client Consultation
concerning immigration consequences of various dispositions. |
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