As a criminal defense firm committed to protecting the rights of our clients, we understand that the stakes are incredibly high for immigrants who face criminal charges in the United States. Navigating the legal system can be complex and challenging, especially when your immigration status is involved. Below, we will discuss how immigration status factors into criminal cases in New Jersey, providing information that could help you make informed decisions about your situation.
The Intersection Of Criminal And Immigration Law
The relationship between criminal law and immigration law is more intertwined than most people realize. When an immigrant is charged with a crime, the potential consequences extend beyond the typical penalties of fines, probation, or jail time. The additional repercussion of deportation hangs heavily over their heads, making an already stressful situation even more harrowing. This blending of the two legal fields is known as “crimmigration.”
Immigration Consequences Of Criminal Convictions
Not every criminal conviction will result in deportation, but many can have severe immigration consequences. These are referred to as “aggravated felonies” and “crimes of moral turpitude.” Aggravated felonies, according to immigration law, can include crimes like drug trafficking, firearms offenses, or fraud cases where the loss exceeds $10,000. Crimes of moral turpitude, on the other hand, are generally offenses that involve dishonesty or theft, as well as crimes involving violence. The classification of a crime can significantly affect an immigrant’s ability to stay in the U.S., apply for a green card, or become a U.S. citizen.
Aggravated Felonies
An ‘aggravated felony’ under immigration law includes many types of offenses, some of which may not be considered ‘felonies’ under state law. Some common crimes in this category that could lead to deportation include:
Drug Crimes
Certain drug offenses, such as drug trafficking, are considered aggravated felonies. Even some possession charges can lead to serious immigration consequences.
Fraud And Deceit Crimes
Any fraud or deceit crime where the loss to the victim(s) exceeds $10,000 is considered an aggravated felony. This can include offenses like credit card fraud or insurance fraud.
Crimes Of Violence
Violent crimes for which the term of imprisonment is at least one year can be an aggravated felony. This could include assault, robbery, or certain domestic violence offenses.
Crimes Involving Moral Turpitude
Crimes involving moral turpitude (CIMT) are another category of offenses that can have significant immigration consequences.
Theft And Dishonesty Crimes
Crimes involving stealing or dishonest conduct, such as shoplifting, burglary, or embezzlement, can often be considered CIMTs.
Sexual Offenses
Certain sexual abuse offenses, including sexual assault, can be classified as CIMTs.
Fraud Offenses
Many fraud offenses, regardless of the monetary value involved, are generally considered CIMTs.
New Jersey’s Approach To Immigration And Criminal Cases
New Jersey, like many states, recognizes the unique challenges faced by immigrants charged with crimes. To address this, the state has implemented several policies and programs to ensure that the legal rights of immigrants are upheld, regardless of their immigration status.
One such initiative is the New Jersey Immigrant Trust Directive, which prohibits local law enforcement officers from asking about an individual’s immigration status unless it is necessary to investigate a serious crime. This Directive aims to build trust between immigrant communities and law enforcement, reducing the fear that reporting a crime or interacting with police will lead to deportation.
Why You Need A Knowledgeable Defense Attorney
Given the significant consequences a criminal conviction can have on your immigration status, it is crucial to work with a defense attorney who understands both criminal and immigration services. A skilled attorney can help you navigate the complexities of the legal system, defend your rights, and potentially prevent a criminal conviction and criminal record from leading to deportation. They can review your case, explain the potential immigration consequences, and develop a legal strategy to minimize these risks.
Criminal Defense Attorney
Being charged with a criminal offense as an immigrant in New Jersey can be an incredibly stressful and challenging experience, especially when your right to stay in the U.S. is at risk. However, it’s important to remember that you have rights and that experienced legal help is available. If you’re facing criminal charges, don’t hesitate to reach out to a knowledgeable attorney who can guide you through the legal process and advocate for your best interests.
Taking the first step might seem daunting, but remember, your future and freedom are on the line. Our dedicated legal team at The Law Offices of Jonathan F. Marshall is ready and waiting to fiercely advocate for your rights. Whether you’re up against federal prosecutors or dealing with complicated immigration law, our lawyers have the knowledge, experience, and dedication necessary to guide you towards a favorable resolution. You need not face this challenging time alone; we are here to help. Contact us today at (877) 534-7338 or reach out online to ensure your case gets the attention and professional representation it deserves.
