This is a quick guide using hypotheticals to explain the dangers of plea bargains that result in deportation (removal) of your foreign clients. Consult with me before you enter that plea.

1. CRIMINAL DEFENSE OF ALIENS : Avoiding “Collateral Damage” (Or are you from Mars or Venus ?) Eliot Norman, Esq. Partner Immigration Practice Group Williams Mullen

2. In tribute to Professor Robert E. Shepherd

11. Practice Pointer #1: Think about the Big Picture

12. Practice Pointer #2: Ask 3 Basic Questions about Every Plea Bargain

13. Practice Pointer #3: Know and Understand Your Client’s Immigration Status

14. Practice Pointer #4: Watch out for “Collateral Damage” from the Record of Proceedings in State or Federal Court

15. Practice Pointer #5: Know the Crimes that are not Removable Offenses and Use Them

16. Practice Pointer #6: The length of the sentence or maximum possible sentence, not whether the crime is a misdemeanor or felony, often determines the Immigration Consequences or “Collateral Damage.”

17. Practice Pointer #7: The Drug Possession Case: Try to handle it to avoid making it an Immigration Aggravated Felony

18. Practice Pointer #8: Use the Two “Petty Offense” Exceptions to your Advantage

19. Practice Pointer #9: The Four Most Common Aggravated Felonies to Avoid

20. Practice Pointer #10: Avoid Mandatory Detention and Limit the Risk of ICE Detainers

21. Practice Pointer #12: Avoid Pleading a Foreign Client to Multiple Counts, even if Sentences are Concurrent

22. Practice Pointer #13: Amending the Sentence or Vacating the Conviction to Avoid “Collateral Damage”

23. Practice Pointer #14: CAVEAT: These Pointers May All Be Subject to Change

24. Conclusion