(a)Defense counsel shall provide accurate and affirmative advice about the immigration consequences of a proposed disposition, and when consistent with the goals of and with the informed consent of the defendant, and consistent with professional
standards, defend against those consequences.
(b)The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.2, shall consider the avoidance of adverse immigration consequences in the plea negotiation process as one factor in an effort to reach a just resolution.
(c)This code section shall not be interpreted to change the requirements of Section 1016.5, including the requirement that no defendant shall be required to disclose his or her immigration status to the court.
Notes of Decisions
Cited in
5
cases (
3 in the last 5 years), 2019–2022 · leading case:
In re Hernandez, 33 Cal. App. 5th 530 (Cal. Ct. App. 2019).
In re Hernandez, 33 Cal. App. 5th 530 (Cal. Ct. App. 2019).
“" Penal Code section 1016.5, subdivision (a) requires that the trial court shall administer the following advisement on the record to the defendant before accepting a plea of guilty or nolo contendere: "If you are not a citizen, you are hereby advised that conviction of the…”
People v. Lopez, 280 Cal. Rptr. 3d 865 (Cal. Ct. App. 2021).
· cites it 2× “(Pen. Code, § 1016.3, subd. (a).) Further, when consistent with the defendant’s goals and relevant professional standards, defense attorneys have a duty to “defend against those consequences.”
In re Hernandez, No. G054623 (Cal. Ct. App. Mar. 26, 2019).
“6 Months after Hernandez’s guilty plea, Penal Code section 1016.3, subdivision (b) became effective on January 1, 2016 and provides: “The prosecution, in the interests of justice, and in furtherance of the findings and declarations of Section 1016.”
In re Tellez, 300 Cal. Rptr. 3d 270 (Cal. Ct. App. 2022).
“” (Pen. Code, § 1016.3, subd. (a); see id., § 1016.”
(HC) Towers v. Superior Court, No. 1:20-cv-00411 (E.D. Cal. Apr. 1, 2021).
“” Cal. Pen. Code § 1016.3 . 28 5 In his reply, petitioner states certain pages were missing from the records submitted by respondent.”
Cal. Penal Code § 1016.3(a): 1 case
People v. Lopez, 280 Cal. Rptr. 3d 865 (Cal. Ct. App. 2021).
“(Pen. Code, § 1016.3, subd. (a).) Further, when consistent with the defendant’s goals and relevant professional standards, defense attorneys have a duty to “defend against those consequences.”
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