Legal Advice to Avoid Deportation When Accused of a Crime

When you’re arrested for a crime, your first thought may be to hire a criminal defense attorney; however, if you’re an immigrant, then you should contact an immigration lawyer in Los Angeles. Even when you are here lawfully, being accused of a crime can have disastrous effects on your status in this country.  

You should especially pursue legal representation if you are going to plead guilty or “no contest.” This option may seem appealing to those who are trying to avoid court proceedings, however, your deportation removal proceedings lawyer in Los Angeles will tell you that both of these stances mean you are taking responsibility for your crimes and ready to face the consequences. 

As an immigrant, the consequences for committing a crime are different from when you are a citizen. Especially if English is not your native language, legal matters can be overwhelming to handle. While under the stress of a police interrogation or a hearing in front of a judge, it’s easy to go with the easiest option they offer – which will be pleading either guilty or no contest. However, an immigration lawyer in Los Angeles can protect you from doing anything unwise. 

Pleading Guilty vs No Contest

In the United States court system, a defendant has three options to plead when they are charged for a crime: 

• Not Guilty – This is the most common plea, as it gives your defense attorney more time to review the evidence of your charges and choose a course of action. 
• Guilty – When you plead guilty, you are admitting to the crime and waiving your rights. 
• No Contest – When you enter no contest plea, it basically means you neither agree nor disagree with the charges against you.

A guilty plea can be helpful when it’s offered in exchange for a lighter sentence, which is often called a plea bargain. A plea bargain must be accepted by the judge after a thorough review.

Implications of These Pleas

While a U.S. citizen may be able to plead guilty or no contest in exchange for a lighter sentence or to avoid court proceedings, an immigrant faces a different set of consequences. 

Getting a number of crimes on your record can be a reason for deportation for a green card holder or any other kind of immigrant. These include domestic violence, fraud, drug or firearms charges. 

Even if the charge is labeled as a misdemeanor in your state, U.S. immigration courts will make their own judgment on whether or not this is a deportable offense. Even a small crime like a misdemeanor can result in deportation if proceedings go unfavorably. 

Even if your case does not result in a conviction, simply being accused of a crime can look bad when an immigration judge reviews the moral character evaluation section of your immigration application. If your accusation leaves a stain on your overall immigration application, it can possibly result in a visa denial. 

If you pled guilty or no contest, it’s still not guaranteed that you will be convicted of the crime. If there’s no official finding due to a court error or some other situation, then you can still be deported, even without an official conviction. In the event that the courts do not move forward with your charges, you could be viewed as having been convicted of a crime and deported if there’s an abundance of evidence for your charges and the judge ordered some sort of punishment. 

Withdrawing a Guilty or No Contest Plea

If you regret pleading guilty or no contest, especially after consulting with a lawyer it’s possible to reverse your mistake. A judge must thoroughly review all case evidence before making the decision on whether or not to accept your guilty or no contest plea, and this takes time. 

If the judge has not yet accepted your plea, it’s possible to withdraw it. Additionally, if you have not been sentenced yet for pleading guilty or no contest, it’s possible to withdraw. 

Avoiding Deportation

While it may seem that the U.S. criminal courts work against immigrants trying to reach citizenship or permanent resident status, there are a few situations where you can avoid deportation.

If you were convicted of a crime as a juvenile, meaning you were under the age of 18, you are still eligible to become a U.S. citizen or permanent resident. If you were tried as an adult for this crime, then you can still be deported. 

If a judge vacates your conviction for a constitutional reason, such as poor counsel from your criminal attorney, then you can ask the immigration courts to stop your deportation proceedings. To be safe, you should always have an immigration lawyer at your side before contacting any sort of immigration services. 

Most of all, you should consult a deportation defense lawyer whenever you are accused of a crime in the United States. The U.S. court system is tricky, especially to foreigners, and an experienced attorney from Grey Immigration to provide effective legal advice.