Lawyer For Immigrant Facing Criminal Charges: A Criminal Defense Guide

Summary:

Immigrants facing criminal charges in the U.S. face uniquely severe consequences that can include deportation, visa revocation, and permanent inadmissibility. A specialized criminal defense attorney for immigrants is critical because they understand both criminal law and immigration consequences of convictions. Even minor offenses can trigger removal proceedings, making knowledgeable legal representation essential. An experienced lawyer can negotiate plea deals that avoid immigration consequences while protecting the client’s rights in criminal court.

What This Means for You:

• Immediate Action: If charged with any crime, immediately consult an attorney experienced in both criminal defense and immigration law. Do not discuss your case with anyone until you have legal representation, as statements can be used against you in both criminal and immigration proceedings.
• Legal Risks: Convictions may lead to deportation, denial of naturalization, permanent bars to reentry, and separation from family. Even acquittals can trigger immigration consequences if the charges involved “moral turpitude” or controlled substances.
• Financial Impact: Beyond attorney fees ($5,000-$50,000+ depending on case complexity), costs include bail bonds, court fees, immigration bond ($1,500-$10,000+ if detained), lost wages during proceedings, and potential lifelong economic consequences of deportation.
• Long-Term Strategy: Explore post-conviction relief options like motions to vacate, appeals, or pardons. If removal proceedings begin, immediately consult an immigration attorney about cancellation of removal, asylum, or other forms of relief.

Lawyer For Immigrant Facing Criminal Charges

“Lawyer For Immigrant Facing Criminal Charges” Explained:

Immigrants facing criminal charges require specialized legal representation that addresses both the criminal case and potential immigration consequences. Under U.S. law, even minor criminal convictions can have severe immigration repercussions under the Immigration and Nationality Act (INA). A conviction may be considered a “crime involving moral turpitude” (CIMT) or an “aggravated felony” for immigration purposes – classifications that often differ from state criminal definitions.

The prosecution must prove guilt beyond a reasonable doubt in criminal court, while immigration authorities may impose consequences based on the mere fact of arrest or charges. An experienced attorney will evaluate how potential dispositions (guilty pleas, deferred adjudication, etc.) may trigger deportation under 8 U.S.C. § 1227 or make the immigrant inadmissible under 8 U.S.C. § 1182.

Types of Offenses:

Crimes of Moral Turpitude (CIMT): These offenses involve fraud, larceny, or intent to harm persons/property. Even misdemeanor CIMTs can cause deportation if committed within five years of admission (or two CIMTs at any time). Examples include theft, fraud, domestic violence, and some DUIs with aggravating factors.

Aggravated Felonies: Defined in INA § 101(a)(43), these include murder, drug trafficking, firearms offenses, and theft/burglary with 1+ year sentence (even if state classifies as misdemeanor). Aggravated felonies mandate deportation with virtually no relief available.

Controlled Substance Offenses: Any drug conviction (except single minor marijuana possession under 30g) makes immigrants deportable and inadmissible. State-level decriminalization doesn’t affect federal immigration consequences.

Domestic Violence Crimes: Includes child abuse, stalking, or violation of protection orders. These make immigrants deportable regardless of sentence length and ineligible for certain forms of relief.

Common Defenses:

Immigration-Safe Plea Negotiation: An experienced attorney may negotiate for alternate charges that don’t trigger immigration consequences (e.g., reducing drug possession to disorderly conduct). Some states offer “immigration-neutral” plea options that avoid deportation triggers.

Constitutional Violations: Challenging unlawful searches, Miranda violations, or inadequate interpretation services can lead to suppressed evidence or dismissed charges. Non-citizens have additional protections under the Vienna Convention regarding consular notification.

Pretrial Diversion Programs: Some jurisdictions offer programs that dismiss charges after completion, avoiding a “conviction” for immigration purposes. However, some diversions still count as admissions requiring careful legal analysis.

Penalties and Consequences:

Criminal penalties vary by offense but may include:

• Jail time (days to years depending on charge severity)
• Fines ($100-$100,000+)
• Probation (6 months to several years)
• Community service
• Restitution payments
• Mandatory classes (anger management, drug treatment)

Immigration consequences can include:

• Mandatory detention during removal proceedings
• Permanent deportation with 10-year or lifetime bars to reentry
• Ineligibility for asylum, cancellation of removal, or adjustment of status
• Loss of green card or visa status
• Future inadmissibility even for minor offenses

Legal Process:

1. Arrest: Non-citizens should immediately request an attorney and avoid discussing case details.
2. Initial Appearance: Court informs defendant of charges; bail is set (immigrants may face immigration holds).
3. Preliminary Hearing: Prosecutor presents evidence; defense can challenge charges.
4. Plea Bargaining: Critical phase where attorney negotiates immigration-safe resolution if possible.
5. Trial: If no plea agreement, case proceeds to trial where prosecution must prove guilt beyond reasonable doubt.
6. Sentencing: If convicted, judge imposes sentence considering mitigating factors.
7. Immigration Proceedings: Often begin immediately after criminal case concludes.

Choosing a Criminal Defense Attorney:

Selecting the right attorney requires evaluating:

• Experience specifically with immigration consequences of criminal convictions
• Knowledge of local court procedures and prosecutors
• Familiarity with Padilla v. Kentucky (requiring attorneys to advise on immigration consequences)
• Bilingual capabilities or access to qualified interpreters
• Clear fee structure (flat fees vs. hourly; payment plans available)
• Willingness to coordinate with immigration attorney if needed

People Also Ask:

Can I be deported for a misdemeanor?

Yes. Many misdemeanors qualify as crimes involving moral turpitude or aggravated felonies under immigration law. Even minor offenses like shoplifting or simple assault can trigger deportation, especially if they carry potential sentences of 1+ year (even if you receive less). Some states have “wobbler” offenses that may be charged as misdemeanors but treated as felonies for immigration purposes.

Will a plea bargain prevent deportation?

Not automatically. Many standard plea bargains still result in convictions that trigger deportation. An immigration-savvy attorney can sometimes negotiate special pleas that avoid immigration consequences, such as deferred adjudication in some states or charges reduced to non-deportable offenses. The 2010 Supreme Court case Padilla v. Kentucky requires criminal attorneys to advise non-citizen clients about deportation risks from pleas.

How does a criminal charge affect my green card application?

Criminal charges can delay or prevent green card approval. USCIS examines moral character, and any arrest may require extensive documentation. Certain offenses make applicants permanently ineligible. Pending charges typically result in case suspension until resolution. Even expunged or sealed records must be disclosed to immigration authorities.

Can I become a citizen with a criminal record?

It depends on the offense and timing. Generally, you must show good moral character for 3-5 years before applying. Certain crimes create permanent bars, while others require waiting periods. Multiple minor offenses may still disqualify you. Drug crimes (except single minor marijuana possession) usually prevent naturalization permanently.

What should I do if ICE arrests me after criminal charges?

Immediately request an attorney and remain silent about your case. You have the right to call your consulate. Do not sign any documents (especially voluntary departure forms) without legal advice. Family members should contact both a criminal and immigration attorney immediately. Bond may be available depending on your immigration status and criminal history.

Case Examples:

• Padilla v. Kentucky (2010): Established that defense attorneys must advise non-citizen clients about deportation risks from pleas.
• Matter of Chairez-Castaneda (2018): Addressed when state drug convictions trigger federal immigration consequences.
• Matter of Silva-Trevino (2008): (Since modified) Originally expanded definition of crimes involving moral turpitude.

Extra Information:

• American Immigration Council: Provides resources on immigration consequences of crimes.
• Immigrant Legal Resource Center: Offers detailed charts on criminal-immigration intersections.
• USCIS Policy Manual: Official guidance on criminal bars to immigration benefits.

Expert Opinion:

As an experienced immigration and criminal defense attorney, I cannot overstate the urgency of obtaining specialized legal counsel when facing criminal charges as a non-citizen. The immigration consequences often far outweigh the criminal penalties, and standard public defenders may lack the specialized knowledge to protect your immigration status. Early intervention by a qualified attorney is the single most important factor in preserving your ability to remain in the United States.

Key Terms:

• criminal defense attorney for immigrants
• deportation defense lawyer
• immigration consequences of criminal convictions
• crime involving moral turpitude defense
• aggravated felony immigration lawyer
• immigration safe plea bargain
• criminal charges and green card status

*featured image sourced by Pixabay.com