Being charged with a crime is stressful, potentially even life ruining, for most people. However, if you are an immigrant to the U.S., the consequences you are facing could be even more dire. For non-citizens, there are several crimes whose consequences include deportation!
If you are charged with a crime as an immigrant to the U.S., you need comprehensive legal counsel in order to understand the potential consequences you are facing and how you can mount an effective defense. This area of legal practice is becoming known as “crimmigration”.
The lawyers of Weldon Law Group, PLLC, have a wealth of experience fighting for people who want to make their home in the U.S., as well as helping people defend their rights when they are accused of a crime. Our lead attorney, Ian Weldon, has been practicing law for over 22 years and has been named one of the Top 100 Trial Lawyers in the country.
For this blog, we have combined two of our foremost areas of knowledge so that you know what to do when criminal accusations threaten your residency status. Read on to discover which crimes could potentially result in deportation and the types of strategies we might use to allow you to stay in the U.S. and continue building the American life you wish to lead.
Potential Penalties For Criminal Charges
Whatever penalties you face for criminal activity is entirely dependent on your charges–obviously, the penalties for running a traffic light do not carry the same weight as the penalties for murder or arson. Depending on the crime that you are charged with, you might owe fines or spend time in jail. You might also be ordered to do community service or take a class depending on the crime that you are charged with.
However, there are specific types of crimes that might threaten your residency status in the state of Florida.
Offenses That Can Result In Deportation
Even if you have lawful residency status, you can still face deportation if you are charged with certain crimes. According to federal law, there are several different types of crimes that are considered deportable offenses.
- There are multiple types of crimes that involve “moral turpitude.” Crimes such as rape and assault would qualify in this case. If you have committed such a crime within five years after your date of admission, or ten years in certain circumstances, or if you are convicted of a crime that carries a prison sentence of a year or longer, you are at risk of being deported. Additionally, if you are convicted of multiple crimes, if you are convicted of an aggravated felony, if you are involved in a high speed flight, or if you fail to register as a sex offender, you can be deported.
- If you are found guilty of a drug crime, you can be deported. Common drug crimes that come with high penalties include selling drugs, manufacturing drugs, and trafficking drugs. You can also be deported if you are found to be a drug addicted. The one exception is if you are found to be in possession of less than 30 grams of marijuana.
- You can be deported if you have illegal involvement with a firearm, including if you are found selling, carrying, using, or owning a firearm. Not all instances of firearm ownership or uses are deportable, which is why it’s essential to consult legal counsel.
- Domestic violence, stalking, and child abuse are deportable offenses. Violating your protection order can also mean you will be deported.
- Trafficking of drugs or other human beings is deportable.
- If you fail to register or update documents related to aspects such as your change of address, can get you deported. You can also be deported for falsifying your documents.
- If you are not a citizen and you falsify your citizenship, you can be deported.
- Terrorist activity will get you deported, among other severe penalties.
- Among others!
As you can see, there are many offenses that mean you could be deported, which is why it’s essential that you consult a lawyer who is experienced in both immigration and criminal defense (crimmigration).
Potential Legal Defenses
If you are accused of a crime, you need a qualified person to help you navigate the legal field of crimmigration and give you the best chance of avoiding harsh consequences like deportation. One of the first things of which you should be advised is that you must never plead guilty if you have been accused of a crime, whether you know it to be deportable or not, as pleading guilty can immediately trigger removal proceedings.
Non-citizens who consult lawyers experienced in both immigration and criminal defense law tend to do better in court and lower their risk of being deported. The best possible defense will depend on the type of crime with which you are being charged. However, your crimmigration legal team may decide to employ one of the following legal strategies to keep you from being convicted. They might argue that:
- You have an alibi that establishes you elsewhere at the time the crime was committed
- You did not intend to commit the crime of which you are accused
- Perhaps there was eyewitness testimony disputing the opposition’s version of events
- You are a victim of mistaken identity
- You might plead insanity
- You might argue that you were not read your Miranda Rights or you were searched without a warrant
- You might argue that your supposed crime was actually an act of self-defense
Whatever the case, you will need experienced legal counsel to work on a defense that has the greatest possibility of helping you.
At The Intersection Of Immigration and Criminal Defense – Crimmigration – Weldon Law Group Is Here To Help
Weldon Law Group, PLLC, can help you with your criminal defense charges if you are concerned that they may lead to removal proceedings against you. Our founding attorney, Ian Weldon, has been practicing law for over 22 years and has a personal investment in helping people defend their rights and find their place here on U.S. soil. If you as a non-citizen need help with criminal charges, reach out to schedule a free initial strategy session and learn how we can work with you to potentially have your charges reduced or dropped.