Navigating the complexities of the criminal justice system is daunting, even more so for immigrants who face the additional risk of deportation. At The Law Offices of Jonathan F. Marshall, we understand your fears and uncertainties. Below, we discuss how to prevent deportation in a criminal case.
Understanding The Intersection Of Criminal And Immigration Laws
In the U.S, immigration laws and the immigration court system can be complex, especially where they intersect with criminal law. Crimes categorized as “aggravated felonies” or “crimes of moral turpitude” under the Immigration and Nationality Act as well as NJ law such as shoplifting can lead to deportation. Therefore, it is crucial to understand these categories and how they might apply to your situation.
Legal Representation Matters
The importance of legal representation in criminal proceedings cannot be overstated. Skilled representation in a criminal case for an aggravated felony charge or other crimes involving moral turpitude, or representation before an immigration judge in a complex issue that could result in deportation, will ensure that your rights are defended and potential consequences, such as deportation, are minimized.
Choose The Right Legal Team
Choosing a legal team with experience in both criminal and immigration law is crucial. A knowledgeable attorney can guide you through the complexities of both systems, ensuring you make informed decisions throughout the process.
Consider The Impact Of Plea Agreements
Many criminal cases end in plea agreements. However, even a plea to a lesser charge can have severe immigration consequences. When there are criminal grounds involved, always consult with an attorney who understands both criminal and immigration laws before accepting a plea deal.
Post-Conviction Relief
If you’ve already been convicted of a crime, you may still have options to prevent deportation. Post-conviction relief, such as vacating criminal convictions or sentences, can sometimes remove the grounds for removal. An experienced attorney can help you explore these possibilities.
Understand Your Rights
Non-citizens and lawful permanent residents have certain rights under the U.S Constitution. These include the right to due process and equal protection under the law. If these rights are violated, any evidence obtained can potentially be dismissed.
Applying For A Waiver Or Cancellation Of Removal
In some cases, you may be eligible for a waiver or a cancellation of removal. These legal options can prevent deportation, but they come with stringent requirements. A skilled immigration attorney can help you determine your eligibility and guide you through the application process.
Stay Out Of Trouble To Avoid Removal Proceedings
While this may seem obvious, it is the most practical advice we can offer. Abiding by the law reduces the risk of falling into deportation proceedings in the first place.
Consulting With A Lawyer
Facing a criminal charge as an immigrant can be a frightening experience due to the risk of deportation. However, remember that you are not alone. A skilled legal team can help you navigate the intersection of criminal and immigration laws, ensuring the best possible outcome for your case. The team at The Law Offices of Jonathan F. Marshall is ready to provide the support you need during these challenging times. Reach out today for a consultation.
Law Offices Of Jonathan F. Marshall – Criminal Lawyers
If you’re facing criminal charges and are worried about deportation, don’t hesitate to contact The Law Offices of Jonathan F. Marshall. Our team, composed of 11 dedicated criminal defense attorneys, boasts over 200 years of combined experience, including seven who have served as prosecutors. Four of these professionals held crucial directorial positions in the Drug, Gang, Gun Task Force, Major Crimes Division, Trial Division, and Juvenile Division, equipping them with the skills and insights to best serve your case. Several of our attorneys have been recognized nationally for their prowess, named to the National Trial Lawyers Top 100 or Top 40 Under 40. Two have even been selected to the Super Lawyers Rising Stars 2021 list for New Jersey, an honor bestowed on a mere 2.5% of the state’s lawyers. Furthermore, we have an attorney certified by the NJ Supreme Court as a Criminal Trial Attorney. This certification is held by less than one percent of criminal lawyers in NJ. Act now and ensure the most favorable outcome for your case. Call us at (877) 534-7338 or get in touch online.
