A Criminal Defense Attorney Representing the Legal Rights of Individuals with Legal Issues Related to Criminal Law and Immigration
A criminal conviction can result in significant unforeseen consequences for individuals who are non-citizens. Past convictions can often keep people out of the country or result in the denial of an application for permanent resident status, and even people who have been here for a significant amount of time may be removed from the country if they are convicted of certain criminal offenses. For this reason, it is imperative for anyone that suspects that a criminal matter could have an effect on his or her immigration status to discuss the matter with an attorney that is familiar with the way in which criminal convictions can affect immigration. In addition, criminal defense attorneys
What is Crimmigration?
“Crimmigration” refers to the area of law that relates to the way in which a criminal conviction may affect a foreign national’s immigration status. Generally, these kinds of issues arise when a non-citizen is arrested and accused of certain crimes that have the potential to result in removal from the United States. Importantly, while immigration is generally the province of federal immigration laws, the vast majority of criminal matters take place at the state court level where some criminal issues arise due to an individual’s status as a non-citizen.
Providing Criminal Defendants with Immigration-Safe Options
The role of a crimmigration attorney depends largely on the situation in a particular client finds himself or herself. For example, individuals with a criminal record who is trying to gain entry into the United States will have much different legal needs than a non-citizen individual who has been arrested for a crime and is trying to mitigate the immigration consequences that may occur as a result of a conviction.
Relatively Minor Convictions May Lead to Deportation
Importantly for non-citizens who are here on a visa or as permanent residents, even minor criminal offenses can result in deportation. Some of the kinds of criminal violations that could result in removal include the following:
- Driving under the influence of alcohol or drugs (DUI)
- Crimes involving firearms
- Forgery
For this reason, it is extremely important for anyone from whom a conviction could result in immigration consequences to talk to an experienced crimmigration attorney. A common scenario that arises is this context is when a prosecutor offers a criminal defendant a plea bargain which at first seems like a favorable arrangement but results in unintended immigration penalties. A skilled crimmigration lawyer will be able to anticipate these kinds of problems and can often work closely with the prosecutor assigned to a particular in order to craft a plea arrangement that does not trigger any immigration action on the part of federal authorities.
Assisting Criminal Defense Attorneys Representing Foreign Nationals
Another scenario in which an experienced crimmigration attorney can be of assistance in cases where a criminal defense attorney is simply not prepared to manage or foresee the immigration consequences associated with a criminal case. In these instances, our office is prepared to work closely with criminal defense counsel in order to ensure that a particular client obtains the most favorable result available with minimal risk of deportation. Some of the ways in which Mr. Mondello can assist criminal defense counsel include the following:
- Determining a client’s immigration status
- Advise you as to the potential immigration consequences of a particular offense
- Explore all avenues of defense, including those related to immigration status
- Issue a legal opinion letter detailing the potential immigration consequences in a particular case and exploring plea arrangements that could avoid deportation.
Call RonaldP. Mondello, Esq., Attorney at Law Today to Discuss Your Crimmigration Case
Individuals who are facing Crimmigration issues that may have an impact on their ability to remain with the United States should retain an attorney familiar with Crimmigration as soon as possible. In addition, criminal defense attorneys that are representing clients that may face immigration consequences depending on the outcome of the criminal case can risk ineffective assistance of counsel claims should they fail to fully advise their clients regarding these potential penalties. For this reason, it is highly advisable for criminal defense lawyers working with clients facing immigration consequences to consult with an experienced immigration attorney. To schedule a consultation, call our office today or send us an email through our online contact form.
