Hypo
Client’s family retained Dave/Derek to represent client on an arrest. Bail is set and client iscurrently incarcerated. Client is 29 years and arrived in the United States EWI when she was fifteen years old. She has two children born in the U.S. and has consistently worked, although off the books. Client informs attorneys she has one other arrest, however it was dismissed.
Dave/Derek
- Process of Arrest through Resolution of the case (in NY and NJ) and potential ICE contacts during that time
Client is arraigned on charges on a DWI and Dave/Derek are ecstatic because they know that this is not a removable offense
Nyasa/Genia
- Where even non-removable offenses can come into play (Enforcement Priorities, PD, etc.)
At arraignment bail is sent at $2500 and the case is adjourned. Bail is this high because turns out that the client has a lot more criminal contacts than what the client’s family initially informed you about
Dave/Derek
- Where can you examine the client’s record/how to read the RAP Sheet
Client’s family is concerned because client has immigration concerns and the criminal lawyer had mentioned something about not paying bail because ICE will come and take client into custody
Nyasa/Genia
- Detainer Law in NYC and importance of researching other jurisdiction’s policies and procedures
Dave/Derek
- What facility will client be held and how can you find out
At this point client has criminal and immigration counsel and is in criminal custody.
Dave/Derek
- What facility will client be held and how can you find out
All speakers
- Here would be a good area to open a discussion between the speakers as to the importance of communication between criminal and immigration counsel and the topics that can be discussed
Lets assume Nyasa/Genia feel that client will indeed be transferred over to ICE custody if criminal bail is posted
Nyasa/Genia
- What factors would you want to find out before advising on whether bail should be posted? Client subject to mandatory detention? Possible to get bond from a Deport Officer
Dave/Derek
- Discussion on whether from a criminal defense strategy perspective posting bail makes sense even if client will be transferred to ICE custody - Speedy trial considerations
Lets now assume client was arrested for having a lot of drugs in their case and is charged with possession with intent to sell. Nyasa/Genia are concerned about an aggravated felony conviction after they learn that the initial charges are for possession with intent to sell. They reach out to Dave/Derek to see if there is any way this can be avoided
Nyasa/Genia
- What factors do they want to communicate with criminal lawyer during plea negotiations explaining preservation of relief
- Difference between a sale vs. possession- especially for LPR’s cancellation eligible
- ; Impact of Drug charges in Immigration- MD, PD, Priorities memo
Dave/Derek
- Statutory Drug provisions and strategies to avoid AF
- Pre Indictment Negotiation; Pleading to alternative subsection
- What considerations would you take into account prior to taking a plea
- Will go through sentencing options and where in the statute to look- Probation vs. State Sentence; Definite vs. Determinate (in NY); Strength of Case
Dave/Derek informs Nyasa/Genia that they can obtain judicial diversion for client (or its NJ equivalent).
Dave/Derek
- What is it and Definition of Conviction under criminal law
Nyasa/Genia
- Problems with Diversion from an immigration perspective and definition of conviction under immigration law
Lets now assume that the client transferred to ICE custody after posting bail or resolving the case Nyasa/Genia want to put a bond package together. The DO or IJ have pointed out that the client has a number of arrests and wants to see certificates of disposition on all of them, even those matters that have been dismissed
Nyasa/Genia
- Overview of Immigration Removal System
- Pitching Bond to a DO vs. IJ
- What constitutes an effective bail package to DO
- PD Memo when there is no relief
Dave/Derek
- How to go about finding out where COD’s are and how to order them
- Steps that need to be taken if cases are sealed
- What about transcripts