Spodek Law Group understands that there are potentially serious consequences that go along with criminal charges for all people. While any person charged with a crime in the Bronx will face some danger as a result of criminal charges, immigrants to the United States will be under more pressure. The criminal justice system can be especially difficult to navigate for those individuals. With this in mind, consulting an experienced Bronx deportation and removal defense attorney is critical for any person who fears that his or her immigration status may be compromised by criminal charges.
The dangers of pleading guilty
If you happen to be an immigrant in the United States, then entering into a plea agreement can be even more dangerous for you. Many people enter into plea agreements because they believe those agreements can provide them with a means of avoiding a potentially lengthy sentence. For people who have stable American citizenship, plea agreements can sometimes be a positive that will allow them to wiggle out of whatever criminal charges they are facing.
For immigrants, though, pleading guilty to a crime could bring about a removal or deportation proceeding. With this in mind, it is very important for any immigrant to speak with a skilled attorney before entering a plea of this nature. When your ability to stay in the United States is on the line, signing a plea agreement form can be a massive mistake. Don’t let prosecutors trick you into signing a deal. Speak first with a lawyer who not only has experience in the criminal justice system, but also understands the immigration consequences of criminal justice outcomes. Good attorneys have learned that when their clients have immigration concerns, it is the duty of the lawyer to provide advice that relates to those concerns.
When immigration consequences are harsher than criminal consequences
Many remark that being deported from the United States is the harshest criminal sanction they could receive. This is especially true for people who have family in the US and those who have put down serious roots here. Being deported can cause full upheaval, wrecking the good life you have established. In some cases, even if there is a light criminal penalty on the table, you may face harsh immigration consequences. While the two systems do have some overlap, they also operate independently in some ways. This is why it is so important for all individuals who have immigration concern to consult with a good attorney before making any decision.
Getting relief from removal proceedings
If you have received a notice to appeal for removal proceedings or you think that something in your past may cause you to be subject to removal, then it is important to be proactive. Ignoring these things will only lead to a bad consequence, especially in a changing America where ICE agents are more aggressively enforcing the law. A good attorney may be able to get relief from removal proceedings on your behalf. This relief is designed specifically to provide you with an opportunity to remain in the country. Whether you are eligible for relief will depend very much on the particulars of the allegations against you.
Deportation and detention issues
There are several statutes that give immigration officials the ability to detain lawful aliens who fall into various categories. In fact, a 2003 Supreme Court decision found that immigration officials could detain certain classes of immigrants without individual bond hearings to determine whether they were either a flight risk or a danger to the community. This means that you could find yourself being detained as a result of criminal charges. When this happens, it is important to assert your right to an attorney. When you do so, you will have a much better chance of coming out of the situation unscathed.
Will they deport me?
Every situation is different, so it is critical to talk to a good lawyer. Many categories of crimes lead to deportation, including violent crimes, theft, fraud, drug crimes and many more. There are ways, however, to stop the force of deportation. Waivers and other measures are available to some individuals. A skilled attorney will be able to help you with these options. The Spodek Law Group understands how to work on your behalf using the best of these resources.
The Bronx is one New York City’s most vibrant places. This is the only part of New York City that is part of the mainland United States. Over a million people live here. Some of the people who live in this part of the country are not here legally. As such, any encounter with law enforcement officials may trigger all kinds of consequences. A single traffic violation may create a cascade of issues such as deportation. Deportation means that the person must leave the United States. They may be barred for a decade or for even for the rest of their lives. Because the region’s large population, many law enforcement officials are well aware of the kinds of issues that any given migrant may face as a result of immigration system laws. Such laws are well understood by many in the community as well. This is why so many people here realize the importance of a good Bronx deportation defense lawyer.
Varied Kinds of Possibilities
Even after a court request, this does not mean that the person will face automatic deportation. There are still many kinds of options that may be possible for each applicant. For example, someone may qualify for what is known as Cancellation of Removal. This is a possibility for Green Card holders and others who have lived in the United States for a certain period of time. If someone can demonstrate that their removal might cause hardship to an American citizen, the deportation order can be cancelled. There are also other options that people may not even know about. A battered non-citizen who is living with someone who has abused her may qualify for the ability to remain in the United States even if that person is violation of American immigration laws. Another law protects people who may be facing a problem with the possibility of physical violence in their lives should they be forced to return home. Other sorts of protections may also be applicable in a given person’s case. A good lawyer is one who is aware of the many kinds of laws that can apply to any person.
The process of deportation can take a long time. It can also be quite quick. Anyone who is facing such issues should be aware of the kinds of procedures that may apply to them in the aftermath of any sort of arrest. They can face many kinds of law enforcement officials during the process. A local police officer may not be well versed in immigration procedures or may have had many such encounters but chooses not report the person for being in this nation without permission. It’s a good idea to understand just how much discretion is available to the local authorities. They also know the court system well and understand how each judge views certain laws. A judge may decide that the person’s case may need further investigation. The judge may also suggest a specific lawyer to the defendant to help them mount the best possible defense. It’s a good idea to listen carefully to the judge as they can often influence what kind of further actions should be taken in regards to the defendant’s personal circumstances.
Other Defense Options
Each person will have specific issues that may or may not apply to them. For example, someone may decide to leave of their own volition. Doing so can be a good option for someone who wants to avoid a large bill and perhaps has few ties to the United States and the queens area. In that case, they can simply agree to return home without any kind of financial consequences. The defendant typically agrees to leave within sixty to a hundred and twenty days. In other cases, the person may find out that proper procedures have not been carried out in their case. A good lawyer can help discover any problems with the procedure. If such issues happen, the charges against the person may be dismissed entirely. Thoughtful legal counsel can help anyone decide what they should do as they face Bronx deportation charges. Helpful legal assistance with the entire process of deportation procedures is vitally important when in any Bronx court.
On TV, radio, internet or print media, people always hear about the need to fix the broken immigration system. While politicians and media pundits debate this issue, many immigrants get lost in the shuffle, even finding themselves vulnerable to deportation. Such a prospect can mean job loss or even family separation so waiting on Congress is not an option. Spodek law group deals with the system as it is, not as we would like it to be. With in-depth knowledge of the statutes, case law and bureaucracies involved in immigration, we assure our clients a full and fair resolution of their residency status.
Who Can Be Deported?
Non-citizens of the United States–including legal permanent residents–are subject to removal from U.S. territory if convicted of certain crimes as enumerated in the Immigration and Nationality Act. Those transgressions include:
Illegal drug possession or sale
Sex crimes like prostitution or child pornography
Fraudulent use of credit cards or passports
Illegal possession of a firearm
As demonstrated, the crimes do not have to rise to the level of aggravated felonies (murder, for example) to warrant the penalty of deportation. Conviction of a wide variety of criminal acts can affect immigration status and the eligibility to keep a job. Those found guilty should not assume that jail time or fines paid prevent further action by U.S. Immigration and Customs Enforcement (ICE). Talk to a seasoned attorney before hearing from the government.
How a Lawyer Can Help
Indeed, simply entering the United States when deemed ineligible is viewed as a crime. Yet experienced attorneys have several tools at hand to aid immigrants under threat of removal.
1. A waiver of removal is possible if the non-citizen can demonstrate that an unreasonable burden will afflict the immediate family should deportation happen. The likelihood of getting a waiver is higher when the family has lawful permanent residents or actual citizens among its number.
2. A suspension of removal proceedings is attainable if–in addition to the extreme hardship criterion previously noted–the applicant can prove continuous residence in the U.S. for seven consecutive years. Also, he or she must present evidence of good moral character.
3. A judge may grant an adjustment of status if the immigrant can show a parent, child, widow or marital relationship to a U.S. citizen. If granted, the adjustment confers lawful permanent residency. This does not guarantee that deportation will never again come up; it simply closes the specific case in question.
4. Voluntary departure is certainly nobody’s first choice to avoid deportation but it does keep this extreme measure off the record. In so doing, it strengthens the immigrant’s chances of re-entry and legal residency status down the road. In order to receive voluntary departure recognition, the applicant must not be guilty of any aggravated felonies; have the financial means to cover travel expenses; who likewise maintain a history of good moral character; and who leave within the time window established by the immigration judge.
Above all, immigrants in danger of deportation should contact an attorney who understands these options (and the others that are available). Immigration lawyers are most effective when long experience is their guide. Spending years before immigration judges; knowing local ICE officials; and understanding the difficulties encountered by non-citizens build competence and excellence in a deportation legal expert. Such professionals are found at the Spodek Law Group. Call us any time for a free and confidential consultation.
The Bronx is a part of New York City. This is the northernmost borough of the city. Once a small farm owned by a Dutch family, today it’s the thriving home of roughly a million people. One of the many noteworthy aspects of The Bronx is just how diverse it is. This is reflected in communities that retain ties with other parts of the world such as the Italian section on Arthur Avenue. In recent years, a new group of immigrants has changed the landscape of The Bronx yet again. Many people from Latin America have chosen to make this part of the world their personal home. The dulcet tones of pop music can be heard on many street corners here. Shops selling delicacies from parts of Latin America have sprung up, allowing people to sample the kind of cuisine native to this part of the world. While most people who are here are here legally, others are not here legally. Those people who are not here legally may simply be violating basic American laws pertaining to immigration. Others who are present in The Bronx may also be engaged in other forms of criminal activity such as theft or receiving stolen property.
Standard Immigration Violations
As is true in many other parts of the United States, there are criminal courts that pertain to immigration cases. These courts are entrusted with enforcing both laws in The Bronx and other kinds of laws such as federal laws. A person may be in the court system in order to answer for an existing charge that extends back months. They may also be in the court on new charges. For example, someone may have been arrested in the past because they have overstayed their visa. If they are Latino, it can be easy for them blend into the regional Latino community by taking a job and renting an apartment in an unobtrusive part of the borough. The same is true of members of other ethnic groups. They may also find it easy to seek refuge with others who share their heritage and speak their language. The regional authorities are well aware of such possibilities. They know that it important to keep in mind that many locals are very sympathetic to those who are seeking refuge in the United States and share the same culture as many people who already live in this part of the world.
The Regional View
The regional view of immigration is also one that may take other factors into account. A person who is living illegally in The Bronx may find that this is one of the places in the United States where they are most likely to get a hearing and find sympathy for their cause. Both juries and any judges are likely to see things from the perspective of the person being asked to leave the country. Judges in the community are well aware that they must answer the questions that their voters may pose to them about any given immigration case. They know that there is a great deal of support for those who simply wish to come to the United States even if they have not done legally. They also know that many people in the community are counting on them to avoid deporting people unless they have committed a serious crime. It’s also important to bear in mind that even some crimes may not be ignored by the local court system. For more serious offenses, it’s a good idea to have the best possible legal counsel at their side all through any legal proceedings that may unfold.
While anyone facing any kind of issue in this part of the world with immigration can count on a sympathetic ear from local officials such as judges and the police, they should be aware that additional help is a must. Additional help including help from legal counsel can provide much needed insights into the kind of laws that may pertain to their case. A lawyer can also help them understand the entire American legal process. For example, there’s a difference between jail and prison. Jail is for short sentences while prison is for those who have longer sentences. A person may be held in jail in The Bronx as a result of many immigration violations. The lawyer can explain what they can do to help the person get out of jail or even prison. For example, the judge may allow for bail and thus let the person out at least until their case can be heard. In some cases, the charges may be considered simply too serious for any kind of bail. A lawyer can also provide anyone with access to specifics such as working with a bail bonds person if they don’t have the cash.
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