AB 1343 – California Prosecutors must now consider immigration consequences to defendants when making plea deals.
California Assembly Bill 1343 went into effect January 2016. The bill requires that the DA's office take into consideration the immigration consequences of a defendant when working out a plea deal. This is a powerful tool for defense attorneys under the right circumstances.
One particular group that could benefit from this much-needed relief is DREAMers, or DREAM Act recipients. One of the conditions of the DREAM Act is that the person must not be convicted of a "significant misdemeanor." Basic misdemeanor offenses, like DUIs, could cause a DREAMer to lose out on the benefits and protections of the DREAM Act.
Attorney Aguilar realizes that this new law could result in an extremely effective defense strategy for those facing criminal charges and who fall under the DREAM Act. This may provide the "extra push" that is needed to obtain a more favorable case result in court.