For noncitizens charged with a crime, the immigration consequences can be particularly severe and may include denial of an application for naturalization, exclusion from admission to the United States, or deportation.

At the San Mateo County Bar Association’s Private Defender Program, our Head of Immigration Defense works closely with panel attorneys to help our clients navigate the intersection of criminal and immigration law. She provides case specific consultations to advise attorneys on the immigration consequences of potential plea bargain and attempt to craft alternatives that minimize immigration consequences. Our Head of Immigration also conducts training sessions to equip attorneys with the knowledge they need to advocate effectively for our noncitizen clients. PDP also engages in community outreach throughout San Mateo County to educate and support immigrant communities.

Criminal Defense Attorneys Must Advise on Immigration Consequences

In 2010, the U.S. Supreme Court established that criminal defense attorneys must advise noncitizen clients of the potential immigration consequences of a plea or conviction in their criminal cases. Failure to provide such advice can violate a defendant’s Sixth Amendment right to effective legal counsel. Noncitizen defendants who were not advised of the immigration consequences of a guilty plea may be able to seek post conviction relief based on a claim of ineffective assistance of counsel and may be eligible to seek a modified sentence or request a new trial under Penal Code Section 1473.7. PDP offers postconviction relief for clients facing immigration consequences. To find out if you qualify for this kind of postconviction relief, please call our Attorney of the Day at 650-298-4000 for screening.

The San Mateo County Bar Association’s Private Defender Program Advocates for Noncitizen Defendants

For noncitizen defendants facing criminal charges, our panel attorneys work closely with our Head of Immigration Defense to mitigate the immigration consequences of a criminal charge. PDP also provides robust defense in postconviction cases for those who qualify. We work to prevent permanent family separation and ensure our noncitizen clients are protected against the threat of deportation or other immigration consequences.