George Abbes sent this wonderful memo regarding DA’s taking into consideration the immigration consequences of a defendant when negotiating with defense counsel. It should also be posted on our West Bar FB.
PS – George is going to speak to our organization in January. Topic TBA
In a seminar presented to the Immigration Law section of the Los Angeles County
Bar Association, Senior Deputy district Attorney, ( and Dist. Atty. Candidate) Mario Trujillo, indicated that, the current district attorney has sent a memo
to all deputies instructing them that they are to take into consideration collateral
consequences, such as immigration consequences when negotiating dispositions
with defense counsel.
Mr. Trujillo suggested strongly that you provide the deputy with a mitigation
package which includes, among other things the citation to the immigration laws
which will affect your client so that they can independently verify the immigration
consequences of the proposed disposition.
He also indicated that should you be unsuccessful with the deputy DA handling your
case that you make an appointment with a supervisor in order to make your
presentation to the supervisor.
I can confirm that what Mr. Trujillo is suggesting does provide favorable results
in Los Angeles County because attorneys that I have provided opinion letters
for have recently been able to obtain excellent results for their noncitizen
clients and avoided immigration
In these cases, it is possible to get a disposition superior to what you could get
for a citizen, in order to avoid the impact on the client and his family
arising from deportation.
One would hope that the Orange County
District Attorney would consider providing similar guidelines to his deputies.