As a criminal defense lawyer it is important to be familiar with the possible detrimental consequences of a plea bargain or conviction as it applies to a non-citizen.
A conviction may result in a non-citizen being deported or be denied admission to the United States.
This article is not intended to be a comprehensive discussion of the ramifications of every crime or offense as pertains to the issue of deportation or admissibility.
Rather, it is intended to be an overview of the possible negative consequences of various offenses and crimes.
Any client that is unsure of the interrelationship between their immigration status and a crime or offense would be best served by consulting with an immigration attorney.
An immigration attorney will be in the best position to formulate arguments that will successfully protect a client from deportation or avoid issues of inadmissibility.
The role of the criminal practitioner is to anticipate the ramifications of certain pleas and convictions so that their clients are well informed as to the collateral consequences.
In short, criminal defendants need be concerned when they are charged with a crime or offense that involves one of the following: an aggravated felony, a crime involving moral turpitude, a controlled substance offense, a crime against children, crime of domestic violence, a firearm offense and prostitution.
While the reader can well imagine the spectrum of serious crimes that would trigger deportation or inadmissibility, there are a number of less serious offenses that may result in negative immigration consequences.
It is these less serious offenses that the un-savvy attorney or litigant may run into difficulty.
For example even a petty disorderly persons conviction for harassment might trigger deportation or result in inadmissibility if the victim is a former spouse.
Likewise, operating a motor while possessing a controlled dangerous substance (a traffic offense) could be considered a controlled substance offense.
Similarly a conviction for driving while intoxicated could be considered a crime of violence if there is a term of imprisonment of at least one year imposed and removal proceedings take place in a circuit outside of New Jersey.
If you should find yourself charge with any offense even if you feel that it is relatively minor, you would be well served by consulting with a criminal defense attorney versed in the potential collateral consequences.
If you or a loved one have been charged with a crime or offense, the Lawyers at Shapiro & Sternlieb, LLC are ready to assist you.
This article is only intended for general informational purposes.
It should not take the place of a consultation with an attorney.