There are very few circumstances in life that are more intimidating than facing a criminal charge with the possibility of being deported from the United States upon conviction. While all criminal convictions are not necessarily grounds for deportation, the current intense scrutiny being placed on prosecutors and immigration officials could very well mean that the federal government may want to deport an increased number of foreign nationals who have been convicted of even minor crimes. Defendants stand zero chance of successfully defending themselves in this situation because immigration law can be confusing and often policy is designed to benefit the state at the detriment of the defendant. This contemporary focus on immigration also means that it has never been more important to have an aggressive Brooklyn criminal deportation lawyer representing your case.
Documentation May Not Apply
Even though undocumented detainees who are charged with a crime are routinely scheduled for a deportation hearing, defendants who are registered and lawfully in the country can still be subject to deportation evaluation. In addition, deportation hearings are not necessarily restricted to individuals being charged with a felony. Any criminal charge that carries the potential for a jail sentence by law requires a typical citizen to have a criminal defense attorney, which until recently had not applied to immigrants in United States. New York City court officials have changed that policy, now allowing all immigrants facing deportation to have at least an appointed attorney. The Constitution gives no special designation for legal representation for illegal immigrants, but luckily the city has stepped in and given all immigrants facing deportation the assignment of an attorney when they can qualify. The problem is that appointed attorneys are rarely as effective as a personal attorney who can investigate all evidence and craft a solid argument against deportation of their client that an appointed attorney may not be willing to present to the court.
Defending the Criminal Case
State criminal cases that are compounded by the federal authorities wanting to deport the defendant can be complicated legal issues, and the criminal case outcome can have a direct impact on the deportation hearing. Defendants who are exonerated of criminal activity can still be exposed to potential deportation when they have no documentation, but this acquittal can provide different results for those who are legally in the United States as long as their green card is still active. The material case facts that are established in the criminal case can also be applied in the deportation case by either side, meaning a successful defense of a criminal charge could result in a waiver of the deportation proceeding. A Brooklyn deportation attorney who also focuses on criminal practice will already be familiar with the case, which means they can use elements of the criminal hearing to establish a strong character profile for the defendant in a deportation hearing. This is an important stipulation in a deportation hearing, as the defendant’s character is actually on trial, and especially if they pose a threat to society at large.
What a Brooklyn Criminal Deportation Lawyer Can Do
The first step an experienced and detail-driven deportation attorney will take is evaluating the evidence being used by the state in the criminal charge. Immigrants are commonly arrested on borderline or even inadmissible evidence much more often than a typical American citizen. Police officers understand that immigrants are often left with little legal recourse when arrested, as many will actually plead guilty to the crime without legal counsel. This is always a bad decision, often leading to individuals being deported for reasoning that is actually not founded in law. A serious Brooklyn criminal deportation lawyer can question all witnesses, including police officers, and inspect all articles of evidence for illegal confiscation and admissibility. Evidence that can be suppressed can lead to a case dismissal, which in turn can end a deportation process as well. This potential alone is why it is vital to have an experienced and aggressive legal representative.
Contact a Brooklyn Criminal Deportation Lawyer Immediately
Deportation from the United States based on a weak criminal case can impact the defendant’s life in a variety of ways. Almost all immigrants are in the U.S. are seeking a better life for themselves and their family, and few things can disrupt that living condition upgrade like a criminal conviction, especially for undocumented residents. The same can also be true for green card holders who are accused of serious crimes that have little merit regarding strong admissible evidence. Regardless of how imposing the court system can be, it is always the right decision to find determined and diligent criminal legal representation when deportation could be the final outcome of the case. The attorney who handles the case can make a major difference in the final result. Always retain a Brooklyn criminal deportation lawyer with a excellent track record of negotiated settlements for their clients.