Consulting for Defense Attorneys

“Crimmigration” is the intersection of criminal and immigration law.  As a defense attorney, your decisions can have implications for your client “downstream” from criminal court.  Receiving accurate crimmigration advice can provide your client with a holistic view of their legal situation, enabling them to make strategic decisions that result in the best possible outcome.  

Why should I pay for crimmigration consulting?

Bacus Law offers crimmigration consulting for a flat fee.  You will receive a 40-minute consultation and a legal memo detailing the immigration implications of your client’s criminal case.  The benefits of this service include:

  1. Ensuring you fulfill a professional obligation to your non-citizen client.    The Supreme Court established in Padilla v Kentucky that criminal defense attorneys have a constitutional obligation to their non-citizen clients to advise them on the possibility (or certainty) of immigration consequences due to a nolo contendere or guilty plea.  The Texas State Bar also requires defense attorneys to familiarize themselves and their clients with potential immigration consequences.*  Failing to advise your client of potential immigration consequences runs the risk of an Ineffective Assistance of Counsel claim.  
  2. Better overall outcomes for your non-citizen clients.  In addition to being a professional obligation, knowing the immigration consequences of your client’s options can result in a better final outcome and higher client satisfaction.  Getting accurate crimmigration advice early in a case can help you and your client make holistic decisions about their situation. For example, they may prefer a plea that results in a small amount of jail time but avoids the risk of deportation.  Even if immigration court is unavoidable, understanding their situation early gives them time to explore their options and prepare their best defense.
  3. You save time.  I take care of the crimmigration research while you focus on working your cases and building your practice.  You are welcome to the entire 40 minutes, but we can schedule a shorter consultation if you prefer. I will front-load the most relevant information in both the memo and the consultation.

*See Guidelines 6.2 and 8.2.