Serious and Hidden

For anyone who is not an American citizen, it is essential that the potential adverse consequences that arise from non-citizen status be addressed in a criminal case. Pleas of guilty that seem easy or harmless at first may have dramatic negative effects later on. Such consequences include deportation (now called removal), delay of naturalization, or classification as "inadmissible", where one can never legally remain in the United States for any reason. Furthermore, there may be long detentions in custody with no definite termination date.

The Law Offices of J.P. Lavallee employs a three-part analysis for immigration aspects of criminal cases:

1. Determine the immigration status of the defendant, both present, past and future: are they intending to remain at all? Are they on a visa? Do they have a "green card"? Do they wish to obtain lawful permanent residence and eventually citizenship? Are they married to a United States Citizen?

2. Determine the exact charge and all of the potential consequences. This must involve consideration of the possible pleas and potential alternative charges. It may even require holding the prosecution to their burden of proof via a trial even if the case seems hopeless.

3. Consider any possible immigration relief, including waivers or relief from removal proceedings.

There are many aspects of criminal charges that can cause problems. The most common are aggravated felonies, and crimes of moral turpitude.

What is an aggravated felony?

These can include crimes that are neither aggravated or felonies in the criminal case! There are pages of crimes in the United States Code that constitute aggravated felonies. The law is complex and changes rapidly and each case must be discussed individually. Many times a sentence of more than one year is required, but this is not always the case.

What is a crime of moral turpitude?

This is vaguely described in the United States Codes. It does not depend on whether the crime is a felony or misdemeanor. It is a crime of "baseness, vileness or depravity in the private and social duties owed to society." Narcotics crimes, even simple possession, can be considered crimes of moral turpitude and can subject a non-citizen to removal. Domestic violence crimes can also have the same effect. It is crucial to consider the hidden consequences in evaluating any potential disposition in the case.

Re-Entry Risks

Any trip outside the United States can trigger an action by the Bureau of Citizenship and Immigration services. Even if there was no action taken at the time of a conviction, when the person tries to re-enter the United States, all of the inadmissibility grounds can surface and the person can be seized at the border, detained and removed from the country. If there are additional re-entries after a deportation order, then there can be serious criminal consequences.

Because the consequences are hidden and serious, contact the Law Offices of J.P. Lavallee for specific advice on a case-by-case basis.

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