Obligations When Defending A NJ Client
Criminal defense attorneys are under the legal obligation to provide effective assistance to each and every client. What constitutes effective assistance or ineffective assistance may vary substantially from case to case depending upon each client’s specific circumstances. One particular circumstance that is extremely important is whether or not your client is a U.S. citizen. For this reason, it is highly critical to determine the citizenship status of every client early on in the case in order to approach their defense appropriately, if necessary.
You should try to determine immigration status by first speaking with your client. In most situations, they will know their status and will be forthcoming with this information, if they understand how much it will affect their case. If you are still unsure after speaking with your client, however, you should not contact immigration authorities to inquire about their status. This only draws the attention of the authorities to the fact that a potential immigrant has been charged with a crime or may lead to the discovery by authorities that they are undocumented. If you have any uncertainties about a client’s status or your client is unsure about their own status, you should consult with an experienced crimmigration attorney who can evaluate the situation and help you obtain the information you need. A crimmigration lawyer is extensively familiar with the immigration laws in the U.S. and how they relate to criminal matters and they can provide valuable assistance throughout the case.
Defending a Client facing Deportation
As a criminal defense lawyer, when you realize that you are representing a client who is not a citizen of the United States, it is imperative to understand the necessary steps you must take during the defense process. For example, you must ensure that your client understands all of the possible immigration consequences of the case, especially if they plan to plead guilty to any charge. If your practice is focused on criminal defense, it is completely understandable if you do not have a particular expertise or thorough understanding of immigration laws. For this reason, it is advisable to reach out for assistance from a crimmigration attorney who can provide advice on how to proceed in a particular criminal case involving an immigrant.
First and foremost, you must determine whether the criminal charge will place your client in danger of deportation proceedings. Depending on the facts of a case, many different criminal charges can result in potential deportation including:
If you determine that deportation is a concern, an experienced crimmigation lawyer can help you in many ways.
Exploring All Defense Options
One of the main ways that a crimmigration attorney can help when you are defending a foreign national is to explore every possible defense option. In order to avoid potential deportation whenever possible, you need to first analyze every single option for plea agreements, sentencing, and any other aspect of the criminal case. When a client is considering pleading guilty, you must determine whether the plea will make them deportable or inadmissible. If so, you should always try to negotiate the plea to eliminate any elements that may lead to deportation or work to avoid conviction at all. An experienced crimmigration attorney can help you explore every defense option to keep your client in the U.S.
Avoiding Client Deportation
If your criminal defense client does plead guilty or get convicted of a crime that has immigration consequences, you should immediately call a crimmigration attorney to help avoid your client’s deportation. We can help do the following and more:
- Removal from detention
- Post-conviction relief
- Cancelation of removal
- Adjustment of status
- Section 212(c) relief
- Political asylum
Calling an experienced crimmigration lawyer is imperative to your client’s future.
Call for a Consultation With an Experienced New Jersey Crimmigration Attorney
The immigration implications of errors when defending a foreign national against criminal charges can be severe. If you fail to meet your obligations during the defense process, your reputation is at risk, as well as your client’s ability to remain in the United States, often causing separation from their families and friends. The law firm of Ronald P. Mondello, Esq. Attorney at Law helps both individuals facing crimmigration issues and attorneys who are representing clients with potential immigration consequences. Please call today for assistance or use our online contact form.
