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Criminal Defense of Immigrants

Chapter 1: Criminal Defense of Noncitizens

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§ 1.9 III. The Basic Approach to Minimizing Immigration Effects

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:

a. Obtain exact information on the client's immigration situation;FN47

b. Consult an immigration expert to determine realistic criminal goals that can minimize immigration consequences;

c. Determine with the client how important the immigration goals are, as opposed to traditional criminal defense goals;

    1. 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

e. Continue to consult with an immigration attorney since additional immigration questions frequently arise during the course of the case.

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