When a case is set for preliminary hearing, it usually means that the prosecution is confident the evidence supports the charges and early settlement negotiations have failed. The defense attorney’s role at a preliminary hearing is to test the strength of the prosecution evidence. Here are some of the important benefits of a preliminary hearing for both sides.
The following is a guest blog post by Norton Tooby, who has a national law practice in Oakland, California, providing expert consultation and representation on immigration consequences of criminal convictions, post-conviction relief, and criminal defense of noncitizens.
The Supreme Court has focused attention on the need to advise clients accurately on the specific immigration consequences of a guilty plea. Padilla v Kentucky (2010) 130 SCt 1473. But it’s also essential that defense counsel accurately advise clients about the sentencing consequences of his or her immigration status. Counsel must also do whatever is possible to prevent a defendant’s immigration status from destroying his or her opportunities for the alternatives to incarceration used in most criminal cases that result in sentences.