If a number
of different offenses are charged, it is frequently possible
to identify a charge with less serious immigration consequences
to which to enter a plea. In other cases, it may be possible
to negotiate a plea to a lesser included offense, or a lesser
related offense, with less serious immigration consequences.
In some jurisdictions, particularly for more minor charges,
it may be possible to negotiate a plea to a charge with
no factual bearing whatever on the actual cause of the arrest
of the defendant, in place of a plea with adverse immigration
consequences. FederalFN164
and state lawFN165
frequently allow the entry of such a "tactical"
plea, even where the defendant takes the position that s/he
is factually innocent of the offense to which a plea is
entered. The client can simply enter a plea of guilty or
no contest to an amended charge without admitting actual
guilt.
For example,
in a case in which the client is charged with possession
of a firearm, the prosecution may be willing to accept a
plea to a different offense, which does not carry immigration
consequences.FN166
A non-turpitudinous offense can be substituted for an offense
that involves moral turpitudeFN167
or accessory after the fact to a drug offense can be used
in lieu of the original drug offense.FN168
