PC 664

PC 664

Offense

Attempt

Aggravated Felony (AF)

AF if attempted crime is an AF.

See Advice if offense involves deceit with potential loss >$10k

Crime Involving Moral Turpitude (CIMT)

CIMT if attempted crime is CIMT

Other Removal Grounds

Carries consequences of the attempted offense

Advice and Comments

AF. Attempt and conspiracy are bad pleas where fraud or deceit results in loss to victim/s exceeding $10k.1One defense to fraud/deceit with a loss exceeding $10,000 is to plead to a single count where loss was less than $10k, and at sentencing agree to restitution order of more than $10k with a Harvey To make it crystal clear to immigration judges, if possible, state that the additional payment is due to dropped charges and uncharged conduct. Avoid a plea to attempt or conspiracy, which may give DHS more opening to include the whole amount. Instead plead to straight theft, PC 487, w/ less than 1 yr, or see PC 470

2020-05-19T19:19:18+00:00Updated January 29th, 2020|