The Consequences of Pretrial Intervention for Immigrants
Pretrial intervention (PTI) programs are largely viewed as beneficial for criminal defendants in New Jersey and New York. Such programs allow a defendant to enter into a highly supervised treatment program instead of heading to jail. If a defendant successfully completes the PTI program, their case is often dismissed and no criminal conviction is entered on their record. PTI is most common with lower-level drug offenders, as treatment is seen as more beneficial than time behind bars.
However, in order to enter PTI, a defendant must plead guilty to the criminal charges against them, particularly for second degree crimes. Even though no conviction will be entered, this guilty plea can incite adverse immigration actions against defendants who are not U.S. citizens. While a defendant may think they are receiving a positive result in their criminal case, they may suddenly be facing possible removal or deportation because they technically pled guilty to a drug charge. At this stage, they may have no other option but to seek post-conviction relief (PCR), which can be difficult to obtain without proper legal representation.
Criminal Defense Attorneys Need to be Aware of PTI Consequences
Too many criminal defense lawyers in New Jersey and New York mistakenly believe that PTI is the best option for their immigrant client to avoid a conviction on their record and time in jail. They may honestly not realize that if you are required to enter a guilty plea in PTI it is the same as a conviction for immigration purposes, especially in drug-related cases. For this reason and more, it is always critical for a defense attorney with a non-citizen client to consult with a highly experienced immigration attorney who understands the full potential implications of a criminal case on immigration matters, including deportation.
An immigration lawyer can also help obtain post-conviction relief for a client who was inaccurately advised regarding the consequences of pleading guilty for a pretrial intervention program. The PCR process can be complex and you need a skilled crimmigration attorney representing your rights to prevent serious immigration consequences.
Call 201-703-9400 today for more information.
Ronald P. Mondello, Esq. Attorney at Law has extensive experience in criminal law and immigration law and can help clients and other attorneys with cases involving immigrants facing criminal charges. These cases must always be handled carefully to avoid deportation or other adverse consequences whenever possible. If you need assistance in New Jersey or New York, please call our office as soon as possible.
