Will Criminal Charges Affect My Immigration Status?
Being charged with a crime is frightening and frustrating. If you are not a citizen of the United States then being charged with a crime can be even worse. Some charges can result in deportation whereas others will not; it is important to know the difference.
Plymouth, Michigan Criminal Lawyer, Aaron J. Boria has defended hundreds of people charged with crimes including those with immigration issues with great success. If you are facing criminal charges call (734) 453-7806 today for a free consultation.
Criminal Charges and Immigration
An entire book could probably be written on this subject so lets cut to the most important points that you should consider when being charged with a crime as an immigrant.
If you face a crime of “moral turpitude” that is the offense that could result in deportation or cause other problems for you. Also, if you face a crime that is punishable by one year or more in jail that could trigger immigration consequences.
According to Wikipedia, Moral turpitude is a legal concept that refers to “conduct that is considered contrary to community standards of justice, honesty or good morals.” This term appears in U.S. immigration law beginning in the 19th century.
Theft offenses are considered crimes of moral turpitude whereas drunk driving is not (however multiple drunk driving’s could land you in hot water or if there is an injury, see below.). Some offenses that may not seem as obvious, like aggravated assault, or assault with a dangerous weapon, are crimes of moral turpitude.
Any aggravated felony can result in deportation under 8 USC 1101(a)(43)(A)-(U), such as murder, rape, sexual abuse of a minor, drunk driving causing death, drug trafficking, and firearms trafficking, to name a few. If a conviction results and the prosecution seeks deportation then the prosecution will have the burden of proof in immigration court to show by clear and convincing evidence that the offense occurred. If the burden is met the court will order deportation.
There are special statutes available such as HYTA or 7411 that prevent someone from having a criminal offense appear on their public record or from being used against them in the future. The problem with these statutes is that United States deportation will not recognize HYTA, 7411, or any other special statutes as being a dismissal of a charge. You will still be held accountable for whatever moral turpitude offense you were convicted of.
Plymouth Michigan Criminal Lawyer
In order to protect our clients, Plymouth, Michigan criminal lawyer, Aaron J. Boria has to find other ways to resolve his client’s charges. This may mean taking a case to trial and fighting hard, filing motions to dismiss, or working with the prosecuting attorney to change the charge to an offense that is not one of moral turpitude.
Call Plymouth, Michigan criminal lawyer, Aaron J. Boria today (734) 453-7806