Immigration Consequences Of Criminal Cases

Although criminal convictions are harsh for most people, perhaps immigrants suffer the most. It is possible to be deported or to have a visa revoked if one is convicted of a crime. Not only will deportation become a very real possibility, but first a person will have to serve his or her prison sentence before being deported. It is therefore the job of the criminal defense attorney to be completely aware of the consequences of being convicted for certain crimes. Not every conviction will carry with it the punishment of deportation. Figuring out which laws will and which won’t mean deportation takes a lot of effort and knowledge and is not a matter to be left in the hands of a novice attorney.

There are various ways of attacking a deportation action based on a conviction. Sometimes, it might be wiser to fight the criminal charges and not take a plea because every plea that is available also carries with it the punishment of deportation. But, when one has taken a plea and then finds out later that they may be deported based on that plea, the two means of attack are to either claim ineffective assistance of counsel or to argue that the court never warned the person that there may be negative immigration repercussions if the plea to a particular charge.

It is a criminal lawyer’s responsibility to learn of and understand the consequences of a particular plea to a client. The lawyer must then explain any negative ramifications, including all immigration consequences to the client before the client takes a plea. If the first lawyer was ineffective in either finding out what the immigration consequences would be, or if the lawyer failed to explain the negative repercussions to a plea, then someone may argue that they had ineffective assistance of counsel and therefore the original plea should be thrown out.

In California, a defendant is entitled to making a voluntary plea while knowing all the consequences of the plea. In a California, when a defendant is taking a plea, the judge must ask whether the defendant is aware of the possible immigration consequences of taking a plea. If a judge fails to ask this of the defendant and to get an affirmative response from the defendant, then the plea may not be voluntary and therefore may be thrown out. In order to determine whether or not this was asked, it will be necessary to access court papers and transcripts.

Since 9/11, immigration policy in the United States has become harsher. More crimes are falling into the category of deportable crimes, and deportation hearings are taking place on a constant basis. Given the current national security climate, it is crucial to hire an attorney who can stand up for you and illustrate that you are not the person or the type of person that should suffer deportation. It takes experience to deal with immigration consequences of criminal convictions.

If you are an immigrant or a person living in the United States on a visa, who has been arrested and charged with a crime, do not hesitate in seeking a free case evaluation from the Kavinoky Law Firm.