The Los Angeles District Attorney’s New Immigration Policy

The Justice Firm — Thu, 15 Dec 2022 21:01:47 GMT

A criminal conviction can have a life changing and potentially devastating impact on anyone. However, under federal law, certain offenses are considered deportable, including controlled substance offenses, crimes of moral turpitude, and aggravated felonies. So, for noncitizens, a criminal conviction brings with it potentially very grave collateral immigration consequences. In many instances, the individuals who are convicted of qualifying offenses, have spent their entire adulthood in the United States, have build their lives and have families here, and have no other place they would call home. Yet, following a criminal conviction, noncitizens face the threat of ending up in immigration court to face a potential removal and deportation to a strange country and permanent separation from their families.

Fortunately, in light of the adverse immigration consequences noncitizens face, some district attorneys are starting to adjust their offices’ immigration-related policies, including the Los Angeles District Attorney, George Gascon. On December 6, 2022, Mr. Gascon issued a new special directive outlining the new immigration policies of the LA District Attorney’s Office, which, among other things, is aiming to address the overly punitive consequences accused noncitizens could face.

First, according to the new policy, prior to when a charging decision is made, any person who is under investigation or their attorney, can present information demonstrating the potential adverse immigration consequences that could follow. In such cases, all charging determinations by the DA office should be made with the goal of avoiding or mitigating any adverse consequences a charge could have, and if there are possible alternatives to charges being filed, the DA office should pursue those alternatives. In addition, the new policy encourages prosecutors to expand the use of pretrial diversion programs that do not require an admission of guilt.

Second, in line with section 1016.3 of the California Penal Code, which requires that in all plea negotiations, the prosecution has to consider the avoidance of adverse immigration consequences as a factor in reaching a resolution, the new directive makes clear that “it is in the interest of justice to endeavor to avoid or mitigate immigration consequences of criminal convictions whenever possible.” Accordingly, the new directive lays out a comprehensive plan for plea bargaining, including:

Allowing for flexibility in sentencing, including splitting sentences across counts, as well as flexibility in sentencing for a probation violation; and
Avoiding sentence enhancements that would turn a neutral offense into an immigration damaging one.

Furthermore, the new directive lays out the Office’s policy on post-conviction relief. In 2016, the California legislature passed section 1473.7 of the California Penal Code, which created a vehicle for noncitizens, who are no longer in criminal custody, to seek post-conviction relief by allowing them to move to vacate prior convictions when there is a “prejudicial error damaging the moving party’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a conviction or sentence.” In accordance with this, the new immigration policy directs prosecutors to concede without delay all motions to vacate, where it is clear from the record that a defendant was not able to comprehend, defend against, or knowingly accept the immigration consequences of a plea or a sentence.

Moreover, the new policy lists several type of cases in which it can be expected that a motion to vacate would not be opposed by prosecutors. These cases include:

Motions to bring a sentence down from 365 to 364 days;
Proposition 36 cases, where the defendant has completed the drug treatment diversion program;
Post-plea deferred entry of judgment cases;
Marijuana cases, which have been dismissed as part of the mass cannabis record clearance;
As well as cases where the defendant has been in the military and has been honorably discharged.

In general, the new policy makes clear, that regardless of the type of case, in all motions to vacate based on immigration consequences, prosecutors should consider all mitigating factors, including whether the defendant was a juvenile; how old the conviction is; the severity of the crime and the facts of the case; as well as the defendant’s character, including family history, work history, and contributions to the community. And, in cases where it is determined that a different resolution would have been reached, if the adverse immigration consequences had been raised initially, the prosecution should stipulate to a motion to vacate.

At the Justice Firm, we know that the attorney-client relationship is an important aspect of your legal journey and we work hard for all of our clients to achieve the best outcome possible.

If you or a loved one is facing criminal charges, or is seeking post-conviction relief, or needs help with any criminal matter, our highly skilled and reliable attorneys are here to help and to answer any questions you might have. You can contact our experienced California Criminal and Immigration attorneys today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

Should I Take A Plea Bargain?

The Justice Firm — Fri, 22 Apr 2022 20:31:04 GMT

The Justice Firm’s Criminal Defense Attorneys Can Help You Determine Whether To Take A Plea Bargain

People who take a plea deal do so because it comes with a bargain. For example, a plea deal can result in:

A sentence reduction,
A charge reduction (such as felony to misdemeanor),
The state dropping some charges, or
Omission of certain facts.

Before taking a plea deal, consult with the exceptional Los Angeles criminal defense lawyers from The Justice Firm.

What Happens When You Take A Plea Deal?

When you go before a judge during your arraignment, the judge will ask, “How do you plead?” You can answer one of three ways: guilty, not guilty, or no contest. When you plead guilty, you’re saying you committed the crimes the state has charged you with. When you plead not guilty, you take advantage of your right to trial and right to confront the evidence against you. When you plead no contest, you’re accepting the charges brought against you. What separates no contest from not guilty is that this plea should not be used against you in a subsequent civil case that stems from the same act.

Your Rights Relating To A Plea Deal

There are many reasons you might feel pressured into taking a plea deal. A common reason is that you’re frightened, and the thought of a reduced sentence is immediately attractive. Another reason is that you may think the state has more evidence against you than it does, so you’re afraid to go to trial. It may even be that you believe this is the best decision for you and your family. But taking a plea isn’t best for you when the charges could be dropped, the case dismissed, or the jury verdict returned as not guilty.

You should never feel pressured into taking a plea deal. You have rights. You have a Constitutional right to a public jury trial. You have a right to be tried by a jury of your peers. Moreover, you have a right to a speedy trial. Also included are your rights to effective counsel and to question your accusers. Taking hold of these rights can lead to a much more favorable outcome than pleading guilty.

Moreover, please be aware that you cannot rescind your plea unless exceptional circumstances apply. If you decide that you’d like to rescind, you must file a Motion to Withdraw. In this motion, you must present a showing of good cause. You have good cause if:

You plead guilty in court for a crime whose maximum sentence was the death penalty or life without parole, and you didn’t have a lawyer with you, or your lawyer didn’t give you consent to plead guilty.
You plead guilty without being informed of your right to trial and a lawyer unless you waived this right.

Contact A Knowledgeable Los Angeles Criminal Defense Lawyer

The decision on whether to plead guilty to the charges brought against you is not a decision to take lightly. Certainly, it is never a decision to make without having legal experts advising you on your best interests. Consulting with a knowledgeable Los Angeles criminal defense lawyer ensures that you know what evidence the state has against you, who will testify against you, whether there’s evidence that can exonerate you or, in the least, raise a reasonable doubt that you’re guilty of the charges. Furthermore, securing wise counsel is more effective than taking a plea.

You can rely on the lawyers from The Justice Firm. We have results you can trust and a team of highly experienced criminal defense experts. We look forward to representing you and getting you a result that’s favorable to your goals, reputation, and liberty. For your convenience, we offer a 24/7 live answering service. You may call us toll-free at 866-695-6714 or locally at 310-914-2444. You may also fill out our contact form here to schedule a free consultation.