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| Immigration Law and the Immigration Consequences of California Criminal Convictions | |||
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a collaboration between the law offices of James F. Smith, Esq. and Christopher J. Todd, Esq. |
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Services for Criminal Defense Attorneys | ||
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Smith & Todd provides consultations to criminal defense attorneys regarding the potential adverse immigration consequences of plea bargains. Often, minor differences in California convictions -– code sub-sections, sentences, or the contents of the "record of conviction" -– may result in significantly different treatment under federal immigration law. California courts have ruled that the Sixth Amendment right to effective assistance of counsel requires that counsel investigate and inform noncitizens of the immigration consequences of entering a plea. People v. Soriano, 194 Cal.App.3d 1470, 240 Cal.Rptr. 328 (1st Dist. 1987); In re Resendiz, 25 Cal.4th 230 (2001). Often prosecutors do not object to immigration-sensitive modifications. Robert M. A. Johnson, the former president of the National District Attorney's Association, has written that to "seek justice" a prosecutor must consider the "whole range of restrictions and punishments imposed on an offender" to avoid disproportionate collateral consequences. The Prosecutor, V. 35 No. 3 May/June 2001. In People v. Bautista, 115 Cal.App.4th 229, 8 Cal.Rptr.3d 862 (6th Dist. 2004), a long-time permanent resident was charged with, and plead to, possession of a controlled substance with intent to distribute. The defender's failure to advise the defendant to "plead up" to a transportation charge, which carried a stiffer penalty than the charged possession for sale for which the defendant was ultimately convicted, was held to be ineffective assistance of counsel. A plea to transportation would have preserved the argument that the conviction was not an "aggravated felony" -- which is the immigration equivalent of a sentence to life without parole. In countless cases, a criminal defender's inquiry to Smith & Todd has made the difference. We analyze the offer and opine whether your client can safely plead to it, and if not, we suggest alternative pleas. Often, for example, pleading to two counts of a charge with sentences up to 364 days local time, instead of one count for one year, may avoid removal. To engage Smith & Todd, download and complete our intake form, then return to us by fax or email -- or simply complete the online intake form. Mr. Smith and Mr. Todd are available at the phone numbers listed below. |
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Intake Form |
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Sample Consultation |
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Immigration Consequences Outline (updated 4/2005) | ||
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Services/Fees (contact for
information) |
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Other Resources | ||
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Contact | ||
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James F. Smith P.O. Box 72451 F 415.634.1382
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Christopher J. Todd 38 Miller Avenue, PMB 113 Mill Valley, CA
94941 P 415.846.9311 F 415.634.1382
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Smith & Todd is an association
between the law offices of immigration attorneys |
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