So You Live In The United States But Are Not A U.S. Citizen And Have Been Accused Of A Crime…Here’s What You Should Know

If you or someone that you care for is in the United States without currently having the legal right to be here or you can be here but your citizenship is not yet permanent and are convicted of a crime, the risk of deportation is very real. Unfortunately, if the authorities have reason to believe that an illegal immigrant or a person with a green card committed a crime on American soil, the probability of deportation increases dramatically and can impact the ability to be allowed to return to the United States legally in the future. Therefore, it is a good idea to learn the information shared below about choosing a criminal defense attorney shared below if anyone you care for is in that predicament.

Understand What May Happen After You Plead Guilty Or No Contest To Any Criminal Charge

While it is true that for minor crimes, it often makes sense to plead guilty in order to avoid jail time, doing so will often make it easier for the federal government to find your location and deport you soon after. The information related to that guilty plea will be forfeited the Immigration and Customs Enforcement. Unfortunately, when they get that information, they are likely to pay a visit to the home of you or the person you are concerned about and begin the deportation process.

The Theories And Rules About Crimes And Deportation 

It is important to understand that it is never a good idea to plead guilty to a crime without the benefit of an attorney, even if it seems like a good deal at the time. While you should never lie in court,  it is best to speak with a criminal defense lawyer if you are not yet a legal citizen and face any type of criminal charges. In addition, if you lack the right to be in the U.S. it is crucial for you to speak with an immigration attorney to help you gain that privilege legally.       

It is also important to note that pursuant to the case of Padilla v. Kentucky that made its way all the way to the Supreme Court in 2010, criminal defense attorneys must inform any clients who lack permanent residency or citizenship in the United of the probable impact that a guilty plea will have on their presence in the United States. If you do not speak with an attorney prior to entering a plea, you may not be able to make the appropriate decision about that plea. In some instances, you will be automatically found guilty if you fail to appear in court, so it is crucial to protect your rights and your presence in the country by speaking with a criminal defense attorney.      

In conclusion, it is essential to protect your rights or those of a friend or family member if they have been accused of a crime and lack the legal right to be in the United States at the time. As a result, it is a good idea to consider the information listed above if that unfortunate and challenging situation occurs as you choose a criminal defense attorney.