If you are not a citizen of the United States, any criminal charge might result in removal proceedings or deportation from the States. Undocumented residents or aliens residing in the United States can be removed on a single criminal conviction and can result in being denied the possibility of legal reentry back into the country. This also applies to residents in the States that have a current legal status such as student visas or employee visas.
Once a police officer has arrested you and charged you with a crime being held in jail until the matter is completely resolved is an upsetting reality. For many family members locating a loved one can be a difficult and frustrating process after a criminal arrest has been made. Every year thousands of people are deported from the United States and in many cases they are barred from returning. Removal proceedings can cause panic and despair especially if you don’t know where to turn to for help.
What Should I Do If I Or A Loved One Has Been Arrested And Charged With A Crime?
First you should consult with an attorney that is qualified to handle both criminal and immigration matters, as with most deportation cases these issues go hand in hand. An attorney will be able to first help you locate your loved one and work with an immigration officer to figure out what exactly your loved one is facing.
Even posting bail can prove difficult because a judge has the authority to raise the bail amount or deny bail all together because of the immigration implications and the court believing the individual won’t return to court once released. An attorney once assigned to your case can help negotiate bail and see whether the criminal case against you is with merit and will sustain a conviction.
What Are Crimes Of Moral Turpitude?
If you have been convicted of a single misdemeanor or petty offense than chances are you will not be deported because the sentence imposed is less than a year. Crimes of moral turpitude usually require some level of criminal intent. Below are a list of crimes and the category they fall under to be considered a crime of moral turpitude.
- Crimes against an individual that involve moral turpitude:
- Crimes against property and government that involve moral turpitude
These are some general items but there are many complex rules to determine whether something is or is not a crime of moral turpitude. As such, you should consult an attorney to help you determine whether a crime falls into that category or not.
Should I Hire An Attorney?
Criminal charges of any kind are important enough to hire a qualified attorney to defend you. When immigration is involved and there is a possibility of deportation it becomes even more crucial that you consult with an attorney. An attorney will be able to assist you and help fight to make sure your rights are protected and that you have a good defense. An attorney will also be able to advise you on the possible penalties of a conviction and whether you may be deported for the crime.
Being charged with a crime that can affect your resident status is a risk you should not take. Call Rosenblum Law today for a free consultation.