Non-U.S. Citizens And Criminal Charges

Introduction

The criminal justice system must treat everyone equally whether you are a U.S. Citizen, or not. However, the consequences of a criminal conviction for Non-US Citizens are not the same as US Citizens. They can be more severe and have consequences that you will pay for the rest of your life. As a Non-US Citizen, not only do you face the risk of going to jail or having a criminal record that could affect getting jobs in the future, but the criminal case could also create a risk of deportation or prevent you from becoming a resident or U.S. citizen in the future.

Here are some of the most important rights you have as a non-citizen:

The Right to Remain Silent:

You don’t need to answer all the officer’s questions. Oftentimes you don’t even need to disclose your immigration status or even how you entered the country—even if officers are entering your home with a warrant. The only exception is you should definitely not lie about your status as a non-citizen; this might get you into more trouble. Otherwise, if you invoke your right to remain silent, say so.

The Right to Deny Search of Your Person/Vehicle or Entry into Your Home:

In general, officers can only search you if they have probable cause. Additionally, a removal/deportation order is not enough to allow officers to enter your home without your consent. If anyone seeks entry with only a deportation order, do not open the door, and ask to see a warrant issued by a Judge. Clearly say “I do not consent to your entry.” If they have an arrest warrant, however, they can enter your home without your consent. They can also enter if you are on probation with a search condition.

The Right to a Lawyer:

Whether you are arrested by police or detained by ICE, you have the right to consult a lawyer. If you are arrested by police for a crime, the government must provide a lawyer for you if you cannot hire one. If you are detained by ICE, however, the government does not need to provide one for you. You can, however, ask for information about low-cost options, and you can request more time to find a lawyer. Your lawyer can visit you while you are in detention, and they can accompany you to your hearing before an immigration judge.

The Right to Challenge a Deportation Order:

In other words, you can argue your case before an immigration judge at a hearing. You have this right unless you waive your right and sign a “stipulated removal order,” or choose to take voluntary departure. Consult a lawyer immediately if you are told you cannot have a hearing. The Authorities may have misinformed you, and a lawyer can help you take advantage of any and all options at your disposal.

How Do Certain Charges Affect My Status?

Aggravated Felonies

If you are convicted of an aggravated felony at any point after being admitted in the country, you will generally have removal proceedings initiated against you. Aggravated felonies for the purposes of immigration policies include more than just crimes labeled a felony.

They may include misdemeanors. More specifically, to be a general aggravated felony, it must be a crime of violence with a term of imprisonment for one year or longer or a theft crime with a prison term of one year or more. This group of felonies originally included only serious offenses such as murder and drug trafficking.

However, less serious crimes are now included, such as filing a fraudulent tax return, failing to appear in court and battery. Some other crimes that are enumerated under immigration laws as aggravated felonies are sexual abuse of a minor, drug trafficking, firearm trafficking, money laundering, federal racketeering, federal gambling, federal peonage offenses, fraud, deceit, smuggling aliens, bribery of a witness and conspiracy of any of these offenses, among others.

Crimes of Moral Turpitude

Crimes of Moral Turpitude are crimes that society deems morally unacceptable, and they are taken very serious under immigration law. If you are convicted of a crime like this within five years of entering the country, you are generally able to be deported and will not be found to be eligible for relief from removal.

These types of crimes include, but are not limited to tax evasion, perjury, certain kinds of fraud and child abuse. However, courts may interpret the conviction of crimes in a different manner, based on the particular circumstances of the crime or the elements that comprise the crime. There can even be instances where you are deemed convicted in the eyes of immigration courts even though your charges were dropped in State Court!

Other Crimes

Under immigration law, the conviction of certain enumerated crimes are also grounds for your deportation. These crimes include but are not limited to violating federal or state law pertaining to a controlled substance, firearm or destructive device convictions, treason, and related offenses, threatening certain political figures, domestic violence and violating a protection order.

Your Immigration Status

As a Non-US Citizen, your immigration status can affect your punishment. For example, typically, the greater your status, the harder it is for you to be removed. However, even if you are a legal permanent resident, you can still be removed, even if you have been in the country for decades.

Additionally, your lack of status may cause you to be deported for a less serious crime than those listed above. For example, if you are a non-citizen without any kind of legal status, you may be removed for a conviction of any criminal offense, even if it is not particularly serious. Likewise, if you are a Non-US Citizen with temporary lawful status, such as someone on a visa, you may be deported if you are convicted of only two misdemeanors.

Other Consequences

While deportation should be at the top of your list of concerns, if you are not a citizen then you may face other consequences for the conviction of a crime. For example, a conviction may bar you from pursuing a greater immigration status. This bar may also delay future immigration petitions or bar you forever. Likewise, you may be barred from pursuing citizenship.

Plea Bargains

Before you accept a plea bargain for a crime you have committed as a non-citizen, you must be aware of any potential consequences of a conviction on your immigration case. While a plea bargain may appear to be a good deal with a minimum sentence or no jail time at all, you may find an immigration hold put on you immediately after pleading guilty to the crime. In some situations, a plea can be structured in a way to decrease the possibility that you will be removed.

What we can do for you

Because the consequences of a criminal charge can be devastating to you as a Non-US Citizen, it is imperative that you discuss you case with a criminal defense lawyer who is knowledgeable about your immigration issues

As a former prosecutor, former circuit court judge, and as an immigration attorney, Attorney Scott DuPont fully understands how your criminal charges could impact your immigration status, and he has the knowledge and experience to protect your immigration rights. Call "My DUI Guy", a division of Douglas Law Firm, today and schedule a consultation. The only thing you have to lose is your ability to say in the US!