When non-citizens face criminal offenses, they may risk deportation. In this situation, you need a knowledgeable criminal defense attorney as quickly as possible.
The right criminal defense lawyer can vigorously defend you against your charge, represent you during all legal proceedings, and work to prevent deportation and other penalties that may result from a conviction whenever possible.
What Are the Most Common Deportable Criminal Defenses?
Deportable criminal offenses can lead to the removal of non-citizens from a country.
In the United States, for example, the most common deportable criminal offenses include:
- Drug Offenses — Convictions for drug-related crimes, including possession, distribution, or trafficking of controlled substances, can result in deportation. This is particularly true for non-citizens, including legal permanent residents.
- Crimes of Moral Turpitude — Crimes involving moral turpitude, which generally refer to offenses considered morally wrong, such as theft, fraud, or crimes involving violence, can lead to deportation. Drug crimes and driving under the influence can also constitute crimes of moral turpitude under certain circumstances.
- Aggravated Felonies — Certain serious crimes charged as aggravated felonies can result in mandatory deportation. These offenses typically include crimes such as murder, rape, and certain types of violent crimes. The definition of aggravated felonies can vary depending on changes in immigration laws.
- Firearms Offenses — Convictions for firearms offenses, including illegal possession or trafficking of firearms, can lead to deportation. Possessing a firearm illegally or using it in the commission of a crime can have serious consequences for non-citizens.
- Domestic Violence Offenses — Crimes involving domestic violence, including domestic assault or battery, can result in deportation. Convictions for these offenses can lead to removal proceedings for non-citizens.
- Sex Offenses — Convictions for sex offenses, including sexual assault, child pornography, or other sexual crimes, can lead to deportation. These particularly serious offenses can have severe consequences for non-citizens.
- DUI Offenses — Driving under the influence (DUI) of alcohol or drugs is another common deportable offense. While a single DUI may not necessarily lead to deportation, multiple offenses or aggravated circumstances can result in removal proceedings.
The specifics of each case can influence whether or not the law subjects an individual to deportation for a particular offense.
In any case, non-citizens facing criminal charges should seek the advice of an experienced criminal defense attorney to understand their rights and options.
What Are the Potential Immigration Consequences of a Criminal Conviction?
A criminal conviction for non-citizens in the United States can have severe consequences, including deportation. When a non-citizen is convicted of a crime, it can trigger deportation proceedings, leading to the individual being removed from the country and barred from returning. This can separate families, cause loss of employment, and disrupt community ties.
Deportation is not the only consequence non-citizens face following a criminal conviction. In addition to being removed from the country, they may also face challenges in obtaining legal status or citizenship in the future. Immigration authorities consider criminal convictions when considering applications for visas, green cards, or citizenship.
A criminal record can make it much more difficult for non-citizens to obtain these forms of legal status, even if they have lived in the United States for many years and have strong ties to the community.
Furthermore, certain criminal convictions can lead to mandatory detention for non-citizens. Under immigration law, certain crimes, including aggravated felonies and crimes involving moral turpitude, can result in mandatory detention without the possibility of bond.
This means the government may hold non-citizens convicted of these crimes in detention centers for extended periods while awaiting deportation proceedings, regardless of their ties to the community or individual circumstances.
Even non-citizens who are not deported because of their criminal convictions may still face ongoing consequences.
A criminal record can affect employment opportunities, housing options, and access to government benefits. Many employers conduct background checks on job applicants, and a criminal conviction can make it difficult to find work.
Similarly, landlords may refuse to rent to individuals with criminal records, making it challenging for non-citizens to find housing.
In addition, certain government benefits, such as federal student loans and housing assistance, may be unavailable to individuals with criminal convictions.
Non-citizens facing criminal charges should seek legal counsel immediately to understand their rights and defense options.
How Can a Lawyer Help if You Face Criminal Charges for a Deportable Offense?
If you face charges for a deportable offense as a non-citizen in the United States, a lawyer can navigate the legal process and protect your rights.
A lawyer can help in several ways:
First, the right lawyer can advise on the complex immigration laws and procedures that apply to your case. They can explain the potential consequences of the charges you are facing and advise you on the best course of action to take.
A lawyer can also work to build a strong defense on your behalf. They will thoroughly review the evidence against you, identify any weaknesses in the prosecution’s case, and develop strategies to challenge the charges. This may involve gathering evidence, interviewing witnesses, and filing motions to suppress evidence or dismiss charges.
In cases where deportation is possible, a lawyer can explore potential avenues for relief. They may argue for cancellation of removal, asylum, or other forms of relief that can allow you to remain in the United States legally.
A lawyer can also represent you in immigration court proceedings and advocate for your rights before immigration judges.
In addition, a lawyer can negotiate with prosecutors to try to reduce the charges against you or secure a favorable plea deal. They can advocate for alternative sentencing options that minimize the risk of deportation, such as probation or community service.
A lawyer will be your advocate and ally throughout the legal process, working tirelessly to protect your rights and achieve the best possible outcome for your case. They can provide valuable guidance and support, helping you make informed decisions and navigate the complexities of the legal system.
Not all lawyers have experience in criminal defense and immigration law, so finding an attorney who regularly represents non-citizens facing criminal charges is essential.
Also, look for a lawyer with a track record of success in handling similar cases and who is familiar with the unique challenges of immigration law. With the help of a skilled attorney, you can increase your chances of achieving a favorable outcome and minimizing the risk of deportation.
Defending Against a Deportable Criminal Offense
When facing deportable criminal charges as a non-citizen in the United States, an attorney can use several common legal defenses to challenge the charges and protect your immigration status.
Some of the most common defenses include the following:
- Challenging the Evidence — One of the most effective defenses is to challenge the evidence against you. This may involve arguing that the police obtained evidence illegally or that it is unreliable. Your attorney can file motions to suppress evidence or exclude certain testimony if it was obtained in violation of your constitutional rights.
- Lack of Intent— Many criminal offenses require proof of intent, meaning you knowingly and intentionally committed the crime. If you can demonstrate that you did not intend to commit the offense, you may have a strong defense against the charges.
- Alibi — If you have an alibi — evidence that you were somewhere else when the crime was committed — it can be a powerful defense. Your attorney can present evidence and witnesses to support your alibi and demonstrate that you could not have committed the crime.
- Self-Defense — If you acted in self-defense or defense of others when the alleged crime occurred, your attorney can argue that you were justified in using force to protect yourself or others from harm.
- Duress or Coercion — If someone forced or coerced you into committing the crime under threat of harm to yourself or others, this can be a defense. Your attorney can present evidence of the duress or coercion you experienced and argue that you should not be held responsible for the crime.
- Mistaken Identity — If you were misidentified as the perpetrator of the crime, this can be a defense. Your attorney can present evidence and witnesses to show that you were not the person who committed the offense.
- Violation of Constitutional Rights — If law enforcement authorities violated your constitutional rights during the investigation or prosecution of the case, it can be a defense. This may include violations of your 4th Amendment rights, right to counsel, right to remain silent, or right to a fair trial.
These are just a few of the most common legal defenses to deportable criminal charges. It is extremely important to consult an experienced attorney who can evaluate your case and determine the best defense strategy to protect your rights and immigration status.
What Happens During a Criminal Court Trial That Involves a Deportable Offense?
During a criminal court trial involving a deportable offense, several important steps occur as part of the legal process.
Here is what typically happens:
- Arraignment — The trial begins with an arraignment, where the accused is formally informed of the charges against them and asked to enter a plea of guilty, not guilty, or no contest. If the defendant pleads not guilty, the trial proceeds to the next stage.
- Pretrial Motions — Before the trial begins, both the prosecution and the defense may file pretrial motions to address legal issues or suppress evidence. The judge hears and rules upon these motions before the start of the trial.
- Jury Selection—In cases where the defendant has the right to a trial by jury, the process of selecting a jury occurs. The prosecutor, defense attorney, and judge question potential jurors to ensure they are fair and impartial. Once the jury is selected, the trial proceeds to opening statements.
- Opening Statements—The prosecution and defense attorneys present opening statements outlining their respective cases to the jury. The prosecution outlines the charges and presents an overview of the evidence they intend to present, while the defense outlines its strategy and challenges to the prosecution’s case.
- Presentation of Evidence — During the trial, both the prosecution and defense can present evidence and call witnesses to testify. This may include physical evidence, documents, and witness testimony relevant to the case.
- Cross-examination — After a witness testifies for the prosecution, the defense attorney can cross-examine the witness to challenge their testimony or credibility. Similarly, the prosecution may cross-examine defense witnesses.
- Closing Arguments — Once the prosecution and defense have presented all evidence they begin closing arguments to the jury. They summarize the evidence and arguments presented during the trial and make their final appeal to the jury to reach a verdict in their favor.
- Jury Deliberation and Verdict — After receiving instructions from the judge, the jury deliberates privately to reach a verdict based on the evidence presented during the trial. Once they reach a verdict, they announce it in open court.
- Sentencing (if applicable) — If the jury finds the defendant guilty, the trial proceeds to sentencing, whereby the judge imposes a punishment based on the severity of the offense and other factors.
Throughout the trial, the defendant has the right to legal representation and the opportunity to confront witnesses and present a defense. It is crucial for individuals facing criminal charges, particularly those that can lead to deportation, to have capable legal counsel available to protect their rights and represent them during all proceedings in their case.
Speak with an Experienced Criminal Defense Lawyer Today
If you currently face charges for a deportable criminal offense, you must immediately consult an experienced criminal defense lawyer in your area. Your lawyer can explain your legal rights and options to you and pursue the best possible result in your case.
Never plead guilty to any criminal charges without fully understanding every possible immigration implication, including potential deportation. Ensure you hire a defense attorney who is also familiar with immigration laws and can provide trusted advice throughout the criminal process.
Do not wait to seek help with your case. Schedule a consultation now.