Interviewer: So, let’s say, as an attorney, I resolve the criminal case. It’s over. What do I do next?
Ron: If you’re getting towards the end of the criminal case, once that’s over, the defense attorney should try to document the disposition and obtain certified copies of the record of conviction. See if it includes the waver of rights form.
The Defense Attorney Must Retain Copies of the Indictment, the Transcript of the Plea, Sentence, and the Judgment
If there’s a final version of the indictment or the conviction, if there are minutes of the plea and the judgment, and if there’s a reporter’s transcript of the plea and sentence, it is critical to hold onto those documents. It is absolutely essential to ensure the criminal defense attorney has gotten a crimmigration expert involved to make sure that that immigration attorney gets a full copy of that file.
The Defense Attorney Must Ensure the Records Are Accurate
Now, if there’s something wrong with one of the criminal history reports, you’ve got to make sure that the federal immigration authorities are aware of the amendment. That typically has to be done through a state agency, so you want to make sure that those records are correct.
The Defense Attorney Should Consult an Immigration Expert About the Client’s Travel Rights
The other aspect a criminal defense attorney needs to be very careful of is in respect to travel advice that they give to their clients. In fact, they really should speak to an immigration attorney about the consequences if the client were to leave the country. This is because there can be some very serious immigration consequences, meaning, you can’t get back in if there is international travel that’s involved.
