All posts by Mikeys

What is Crimmigration?

Very generally speaking, matters related to an individual’s immigration status are governed by federal law, and the vast majority of criminal matters are prosecuted in state court. As a result, it would seem to make sense that one issue would have little to do with another. In reality, however, the outcome of a criminal case in state court can have a direct impact on a person’s immigration status and may even result in the initiation of deportation proceedings.

”Crimmigration,” a portmanteau of “criminal” and “immigration,” is the area of law that is related to the nexus between immigration and criminal law. Attorneys who practice in this area focus their practice on helping individuals mitigate the immigration consequences of a criminal prosecution. Importantly, even skilled criminal defense lawyers who have been practicing law for years may be unaware of how the two areas may be related, so it is important for noncitizens to ensure that their lawyer is aware of the possibility that a criminal conviction could have immigration consequences.

How a Criminal Defense Attorney in New Jersey can help

One of the most important ways in which a criminal attorney can help a non-citizen defendant is by ensuring that any plea bargain into which they enter does not result in deportation. The vast majority of criminal cases are disposed of through the use of plea bargains, in which a defendant agrees to plead guilty to an offense for a reduced sentence. In some cases, a guilty plea may be made pursuant to a deferred adjudication, in which a conviction is not entered so long as the defendant complies with the terms of probation. Importantly, this type of arrangement may still be considered a conviction for immigration purposes, meaning that even though the state court and the prosecutor hold the position that the arrangement did not result in a conviction, federal immigration authorities contend that it did.

As a result of these significant nuances, any plea agreement reached with the prosecutor handling a case that could have potential immigration consequences should be carefully negotiated by an attorney familiar with immigration law.  In fact, the consequences of deportation can actually be used in a non-citizen defendant’s favor by making a deportation-triggering event part of the conditions of the plea agreement, thereby reducing the risk of a repeat offense in the mind of the prosecutor.

There is no complete list of the types of offenses that may result in deportation, and many seemingly minor offenses could trigger removal proceedings. Some examples of the kinds of criminal misconduct that may result in deportation include the following:

  • Driving under the influence of alcohol
  • Theft
  • Violent crimes
  • Firearms offenses
  • Domestic violence
  • Sexual offenses
  • Any crimes that involve moral turpitude

Contact a New Jersey Crimmigration Lawyer Today to Schedule a Consultation

Non-citizens who are facing a criminal case should be certain to have their case reviewed by an experienced New Jersey crimmigration attorney before accepting any plea bargain offered by the prosecution. To schedule a consultation with attorney Ronald P. Mondello, call our office today or send us an email through our online contact form.

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Motorcycle Accidents

Motorcycles are perfectly fun and exciting to ride since they’re light, easy to maneuver and can go through tight spots. However, these sporty vehicles also have some less favorable features. Being smaller and more open than other types of vehicles, they expose riders to greater danger if involved in an accident. Motorcycle accidents have much higher head injury and fatality results than other motor vehicle accidents. This is why US laws strictly require riders to wear protective gears, like helmets, in case of collision with other vehicles or other forms of accident.

One very important thing motorcycle riders ought to know, though, is that if they ever suffer any harm due to an accident that is a result of another person’s carelessness or negligence, then they are lawfully entitled to receive compensation from the guilty party. Thus, contacting a motorcycle accident lawyer immediately after an accident can often be a critically important decision, often making the difference between receiving the necessary compensation or being saddled with costly medical bills, lost income, and other damages.

Tort Law and Personal Injury

Personal injury is not only bodily harm; it includes the mental and emotional pain suffered by the victim due to the anguish their injury causes. This suffering becomes worse if the injury is permanent, as the injury victim may be rendered incapable of providing support for themselves and their loved ones.

Under the law, the victim of an injury caused by another person’s reckless or negligent actions is legally entitled to file a lawsuit and to receive compensation from the liable party, whether this be an individual or a group. Having a personal injury lawyer to file a lawsuit on your behalf, represent you and fight for your rights is best at this point. Trained and experienced in personal injury cases, you can expect him or her to do everything that he or she can to get you the compensation that you deserve.

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Choosing the Best Personal Injury Attorney

Choosing a personal injury attorney is a process similar to choosing any other professional. The things that must be considered are credentials, track record, specialty, and fees. When choosing a professional to help care for and treat your health problems, you look to those that have a specialty in that field, are highly regarded, and have experience in the field. It’s the same thing with a case involving personal injury; you will want to go to a personal injury attorney who has all these qualities. Additionally, because personal injury laws usually differ from state to state, you want to choose one who is intimately familiar with how the laws regarding your case and state will affect you.

You also need to consider the success rate of an injury attorney. Too many botched or unsuccessful claims may not be a positive feature, and you don’t want to risk losing your chance to get a fair chance at claiming financial compensation after an injury by engaging someone who has not had much success with similar cases. While a 100% success rate is probably unrealistic, a good attorney should have a proven success record.

Less important but still a major consideration is how much your lawyer will charge. If you are already suffering financial problems, you may not be able to afford an injury attorney who charges high fees or expects to be paid up front. While it may not always be possible, try to find a lawyer who will charge on a contingency basis, which means that your lawyer will not get paid unless the case is won. Contingency payment arrangements differ from lawyer to lawyer, but as a rule of thumb, the lawyer may claim up to 40% of whatever is awarded, depending on whether the case went to court or not.

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The Naturalized Citizen Process

People born outside of the U.S. have dreamt of becoming American citizens for hundreds of years. The process of “naturalization” is what an individual must go through to become a U.S. citizen. This process is handled by the U.S. Citizenship and Immigration Services (USCIS), and once one of the officers in this organization approves a person’s citizenship, it’s as if they were born right here in America.

The Requirements of becoming a Citizen

A person cannot just show up in America and apply for naturalization the next day. There are certain requirements that must first be met. The majority of cases require that a person have a green card and have been a permanent resident in the country for a minimum of five years. Those who got their green card due to marriage only have to wait three years.

Individuals who served in a branch of the U.S. military usually don’t have to wait a certain time period before applying for naturalization. Those who have committed serious crimes, on the other hand, are likely barred from becoming naturalized.

Starting the Process of Naturalization

Anyone who hopes to become a naturalized citizen will need to start by filling out Form N-400. The completed form must then be submitted in its entirety to the USCIS. Those who served in the military, however, must fill out form M-599.

There are certain individuals who may not have to fill out any form even if they weren’t born in America. If a person’s parents became U.S. citizens before that person turned 18 years old, it’s likely that they’re already a U.S. citizen and need to fill nothing out.

After the Application

After completing the appropriate form, an applicant will be contacted by the USCIS and instructed to be fingerprinted. The USCIS will give full details on how to do this. Military members can likely skip this step. After this is complete, there’s only one thing left to do: the interview.

A USCIS officer will contact an individual after all of their paperwork is complete. They will set up an interview where all of the person’s paperwork will be reviewed. This interview is also where the “citizenship test” will be conducted.

This test will ensure that an applicant is fluent in English and has a proper understanding of the U.S. government and U.S. history. A person who fails this test will be reassigned a new test date; a person who passes will receive a notice of where to go to be sworn in as a United States citizen.

Becoming a naturalized citizen of the United States is a bit of a process, but anyone who has come out on the other end of this process a citizen knows full well that it’s worth it. Many of the most successful naturalization candidates get the help of attorneys before filing their paperwork. Unfortunately, naturalization is a lengthy legal process, so having a lawyer handle the process is usually a good idea.

Roland is an immigration lawyer based in San Antonio, TX. He and his associates at Gutierrez Law Firm have been helping people obtain visas and green cards for over twenty years.

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