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G. To identify and preserve legal and constitutional issues for appeal.

  • A.

    Counsel should be familiar with the sentencing provisions and options applicable to the case, including:

    • 1.

      The minimum and maximum term of imprisonment and fine or restitution that may be ordered, any mandatory punishment, and the possibility of forfeiture of assets;

  • 2.

    The potential for recidivist sentencing, including habitual offender statutes and sentencing enhancements, and all other applicable sentencing statutes or case law;

  • 3.

    If a sentence involving community supervision or deferred adjudication community supervision is possible, the permissible conditions of community supervision with which the client must comply in order to avoid revocation or adjudication;

  • 4.

    If a sentence involving deferred adjudication community supervision is possible, special considerations regarding such a sentence including sentencing alternatives in the event a motion to adjudicate is granted and the unavailability of a pardon;

  • 5.

    The availability of appropriate diversion and rehabilitation programs; and

  • 6.

    Applicable court costs.

    • B.

      Counsel should be familiar with direct and collateral consequences of the sentence and judgment,

including:

  • 1.

    The possible and likely place and manner of confinement;

  • 2.

    The effects of good-time or earned-time credits on the sentence of the client, the period that must be served according to statute before the client becomes eligible for parole, and the general range of sentences for similar offenses committed by defendants with similar backgrounds;

3. Whether the sentence will run concurrently or consecutively to any past or current sentence and, if known, to any future sentence;

.

  • 4.

    Any registration requirements, including sex offender registration and job-specific notification requirements;

  • 5.

    Possible revocation of probation, possible revocation of first offender status, or possible revocation of parole status if the client is serving a prior sentence;

  • 6.

    The possibility that an adjudication or admission of the offense could be used for cross- examination or sentence enhancement in the event of future criminal cases;

  • 7.

    Deportation and other possible immigration consequences that may result from the plea; and

32

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