Prosecutor Ethics In Dealing With Unrepresented Defendants

A new ethics opinion from the Virginia State Bar

 This opinion examines the ethical duties of a prosecutor who offers a plea agreement to an unrepresented defendant whom the prosecutor has been informed is a noncitizen subject to deportation upon conviction under immigration law. Not all Virginia district courts conduct plea colloquies regarding a defendant’s understanding of the potential immigration law consequences of a conviction. In jurisdictions where such colloquies are not undertaken, a prosecutor may not knowingly take advantage of an unrepresented noncitizen defendant by making a plea offer which refers only to the state law disposition of the charge, and either makes no statement to the defendant of the defendant’s potential need to seek immigration law advice or fails to ask the court to conduct a colloquy with and give an advisement to the defendant in that regard.

With this disclaimer

This opinion is advisory only and not binding on any court or tribunal.

(Mike Frisch)