Collateral Consequences of Criminal Convictions (4Cs) reach far beyond the terms and
direct consequences of the sentence imposed on a defendant. For example, these
penalties may include disentitlement of student loans, loss of occupational
and/or professional licensure, ineligibility for governmental benefits,
exclusion from public housing, or the denial of transitional aid.
Recent
case law has expanded collateral consequences not just for the defendants, but for
the attorneys who represent them. As an illustration on the defense side, it used to
be sufficient to tell a pleading client who was
not a citizen that, generally, there could be immigration consequences,
such as deportation, exclusion or denial of naturalization, and they should speak with an
immigration attorney. Now, however, defense counsel is held to a higher standard, and must
let the client know if a specific consequence
is an inevitable conclusion and give more comprehensive legal advice on immigration.
Likewise,
prosecutors
are obligated to consider
consequences of their plea recommendations -- including collateral ones
-- and endeavor to be satisfied that their sentencing
recommendations accomplish what they are seeking. Equipping prosecutors with the
facts and fictions of collateral consequences allows them to suggest fair and
proportional results in the pre-trial session and make well-informed decisions
in plea negotiations. Accordingly, collateral consequences impact both
sides of criminal trials and extend into a wide range of practice areas for
attorneys in the commonwealth.
Join us on Tuesday, Nov. 18, from 4 to 6 p.m. for the first
in a series of programs dealing with collateral consequences of criminal
convictions with a focus on immigration issues. The discussion
will be followed by a
reception from 6 to 7:30 p.m.
Government attorneys and bar advocates enjoy a special
discounted rate of $25. (NOTE: MBA members enjoy FREE CLE.)
Please
contact the MBA's Member Services Center at (617) 338-0500 with any questions.
Additional faculty to be announced.