Common Misunderstandings About Deportable Offenses
People who are not United States citizens and are here in the country legally can be subject to deportation in the event that they are convicted of certain offenses. While most foreign nationals may understand this basic fact, many individuals that may be subject to deportation have significant misconceptions about the way in which criminal law and immigration law intersect. In fact, many criminal defense attorneys may be unclear about these connections as well, which makes it critical for both criminal defendants and lawyers representing defendants who may have immigration issues after a conviction to consult with an attorney familiar with the way in which a conviction may impact a person’s immigration status.
Below are some common misconceptions about deportable offenses. For more information regarding a particular offense or the deportation process, call our office today.
Minor, Non-Indictable Offenses Cannot Trigger Deportation
Many noncitizens are under the mistaken impression that minor offenses cannot result in deportation. In reality, immigration law does not distinguish between misdemeanors and felonies, but often looks to see whether a crime involved “moral turpitude.” While this term is not clearly defined by U.S. immigration law, it tends to include offenses that involve dishonesty or deceit, such as theft, larceny, fraud, or those that include the intent to harm another individual. Importantly, the way that a criminal statute is worded is highly relevant to the analysis as to whether it is a crime of moral turpitude and there are often many ways in which an attorney can argue that a particular offense does not fall within the definition of the term.
A Guilty Plea that does not Result in a Conviction in State Court cannot Result in Deportation
Immigration law requires that a person be “convicted” of an offense in order to be deportable. For this reason, many people mistakenly believe that if they are offered a plea agreement that involves PTI, conditional discharge or conditional dismissal they cannot be subject to deportation proceedings. These agreements usually work by offering defendant probation in exchange for a guilty plea, during which the judge does not enter a final disposition of the case. If the defendant successfully completes the terms of probation, no conviction will be entered by the court.
While it may be the case that state law does not treat this scenario as a conviction, the same is not true for immigration law. So long as a defendant pleads guilty to an offense and a judge orders some form of punishment, immigration authorities will treat the case as resulting in a conviction. For this reason, it is important for any plea agreement offered to be fully reviewed by an experienced crimmigration attorney.
Hire a New Jersey Crimmigration Attorney Today
If you are a foreign national that has been accused of any type of crime, you should discuss your options with an experienced lawyer as soon as possible. In many cases, the assistance of a skilled crimmigration lawyer can help mitigate any potential immigration consequences that may occur and ensure that you are able to stay in the country. To schedule a consultation with Ronald P. Mondello, Esq., call our office today or send us an email through our online contact form.
