Immigration Considerations in Criminal Cases
An Experienced Seattle Criminal Defense Attorney Protecting Your Rights
You might think immigration is an issue only facing non-citizens, but it's not. Even citizens of the United States will face international complications if they are convicted of any criminal offense.
Many countries, such as Canada, will not admit persons convicted of even relatively minor crimes like alcohol-related offenses. You don't want to find yourself in the embarrassing situation of attempting to cross the border on international business or vacation and being turned away. You won't have the protection of our Constitution and laws; you will be at the complete mercy and discretion of a border guard who isn't going to argue with you about what's in his computer.
Your best chance of preventing a possible lifetime lockout on international travel is to fight your case back home. Don't assume that it's too minor to worry about. Contact the Law Offices of Robert Perez to schedule a free consultation with a highly experienced criminal defense lawyer.
Criminal Defense for Non-citizens
If you are not a citizen of the United States and are under investigation or charged with a crime, the consequences can be very drastic. It's essential that you consult with both an immigration lawyer who can advise you properly on the complex rules of law applicable to non-citizens AND a criminal defense lawyer who is familiar with the immigration consequences of a criminal prosecution.
A criminal conviction can have catastrophic consequences for any non-citizen, even for a Lawful Permanent Resident (LPR, or "green card" holder), it's not something to take for granted. As a criminal defense lawyer in two international border states, Washington and California, I am familiar with the immigration issues facing my clients. I have extensive experience safely guiding clients through the dangers of criminal charges and immigration. Make no mistake about it — things have become increasingly more difficult for non-citizens.
The Effects of 9/11
Ever since 9/11, the United States has joined other countries in stepping up the monitoring of immigrants within their borders. Frankly, the current political climate is not friendly to immigrants. Judges, prosecutors and police with a political agenda have no qualms about taking action against immigrants who come before them. Don't give them the opportunity to use you to make their statement. Fight back with someone who understands these issues.
The Department of Homeland Security can take several actions against you as a result of a criminal conviction or other resolution, even a plea bargain. In some cases, they can deny you re-entry into the United States if you leave. In other cases, they can automatically remove you from the United States (deportation). These actions can be permanent and without any consideration for existing family left in the United States.
A lot will depend not only on the nature of the crime alleged but also on the way that the case is resolved. Even the language used in court can be significant when the government looks over the record. For example, it's common in many courts for the prosecutor to refer to "police reports" when taking a plea from a person entering into a plea bargain.
An inexperienced lawyer may work out a very favorable plea bargain that allows the client to plead guilty to a lesser, non-deportable offense, only to learn later that his client's failure to distance himself from the police reports causes Homeland Security to treat the plea as an admission of facts contained in the police reports constituting a more serious and deportable crime. The client gets deported, and there's little he can do about it.
The prudent thing to do is to be pro-active and assume the worst. Don't settle for a criminal lawyer who tells you "don't worry about it" and then neglects to provide you with the protection you need now, when it counts. Contact me and I will fight harder than you know to protect you from accidental, unintended consequences.
