Before you answer that question in front of a judge consider this: US citizens may go to prison for certain crimes however non-citizens can be ordered removed from the US Your attorney may forget to warn you but you to need to know the consequence. Before you plead guilty or not guilty, read this article.
A criminal conviction may give the government the authority to deport or remove a non-citizen. A plea of guilty or no contest can result in a conviction. Once convicted, immigration agents can begin removal proceedings for all who are not US citizens. It won’t matter whether you already served time in jail. The law gives the government permission to start removing you from the US after a conviction.Many are surprised that after they serve their time in jail, immigration has a hold on their status. This means that they are not free after serving time. We see disbelief. Many are shocked at the double penalty. How can this happen in a country where freedom reigns? Why are you punished twice? Unfortunately immigration laws are harsh. And this is happening all over the US.
A criminal law attorney must plan the case with an eye towards preventing removal from the US You get the best possible chance of success if prudent planning is done at the outset. For a non-citizen, events in a criminal court proceeding would likely have consequences in immigration court. Some criminal law attorneys believe that it’s not their job to protect the immigrant from deportation. I disagree. During the criminal proceedings, a lawyer has the affirmative responsibility to insure that he investigates and gives correct advice concerning any potential for deportation. It is not only in the professional code of ethics but it is also the right thing to do.There is a state law that provides that a defendant must be warned about immigration consequences before he pleads guilty or not guilty. The defendant must be admonished that he may be deported or removed if he pleads guilty. If this is not done, have an attorney review your case.
A conviction can be vacated or reversed. This means that it’s possible to get this erased from your records. This must be done carefully and meticulously. If one succeeds, there a possibility that the District Attorney can re-prosecute the case. If this happens then you’re back in criminal court. But the risk may be worth taking if the case is carefully planned with a legal expert on hand. Before undertaking to have a criminal conviction vacated, make sure that the consequences are carefully considered.
It’s easier now to be deported from the US The expanded definition of "aggravated felony" made felons out of immigrants for relatively minor nonviolent offenses, such as writing bad checks or for shoplifting.For those with prior criminal convictions, do not leave the country before speaking with an immigration attorney. Those convictions stay in the immigration database and they will flag you when you return. You may even get detained. A conviction that happened a long time ago can still get flagged at the airport. It is prudent to consult with an attorney to avoid an unpleasant experience at the airport.
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Lazaro Law Group, Professional Corporation represents immigrants all over the United States and US Embassy in Manila. The firm’s offices are located in San Francisco, Makati City (Philippines), and Fremont, Union City California. Telephone (415)278-9577. E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; Website: www.LazaroLaw.com.
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This article should not be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. This is not meant to create a lawyer-client relationship.
( Published May 14, 2010 in Asian Journal Northern California p. B4 )
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