If a person commits a crime while in the United States, he or she can be scheduled for removal. This is true whether or not a person is a permanent resident or has no legal status. It may also be true whether the crime is a felony or a misdemeanor depending on the individual’s previous criminal history. Those who are accused of a crime while in the country may benefit from speaking with an attorney as soon as possible.
Your Criminal History Outside the United States Matters
An individual who has committed a crime outside of the United States could be considered someone who has a previous criminal history. In many cases, it doesn’t matter if those previous offenses were relatively minor or significant in nature. An attorney may be able to argue that past crimes were committed in an effort to avoid being hurt or nothing more than a kid making dumb choices. If successful, an individual may be allowed to stay in the country pending further hearings.
Aggravated Felonies Can Lead to Immediate Deportation
People who are in the country illegally could be sent back to their home countries even if they are acquitted of committing a crime. Those who are in the United States on a green card or work visa may be sent home after being convicted of an aggravated felony. An example of an aggravated felony would be a driver who had a blood alcohol content of .18 or higher.
That driver could also be charged with an aggravated felony if he or she caused an accident while impaired. Legal counsel may be able to argue that an accident was the other driver’s fault or that there was no intent to drive while impaired. These arguments could lead to a plea in the drunk driving case and leniency in potential deportation proceedings.
Criminals Could Be Barred From Returning
If a person is deported from the United States because of a crime committed while here, it may not be possible to legally return. In some cases, that could mean a parent is separated from a child or a husband is separated from a wife or other family members. Therefore, it is important to be cleared of any legal wrongdoing even if the charge results in deportation. This is because an individual could have a chance to leave the country voluntarily and reapply for a visa.
There Is No Legal Right to an Attorney
It is important for those who are facing deportation because they have committed a crime that they aren’t entitled to an attorney during a deportation hearing. This is because it is not considered a criminal matter by the government. Therefore, anyone who is fighting to remain in the country will need to hire your own legal counsel.
It may be possible to find someone who is willing to take on the case for free or at a reduced rate. The attorney who is handling the criminal case that led to the deportation proceedings could choose to act as counsel in both matters. That person could also provide more information about local agencies that provide legal services.
The Odds of Staying In America Are Better With Help
While an individual isn’t entitled to an attorney, that person’s odds of remaining in the United States are higher if he or she has one. This is because an attorney can point to strong ties in the community or other reasons why an individual isn’t a threat.
An attorney may also tell a judge more about the violence or other harsh conditions in a defendant’s home country. As a general rule, immigrants are taken more seriously when they have professional legal counsel as opposed to arguing cases on their own. It may also be easier to communicate as a lawyer can act as a translator for those who speak another language.
Anyone who has been accused of a crime is facing serious consequences if convicted. In some cases, an individual may be required to spend time in jail or prison prior to being deported back home. By consulting with an attorney, it may make it easier to avoid some or all penalties related to a misdemeanor or felony criminal charge.
It would come as a shock to the system for most Americans to realize how many people are currently facing the possibility of deportation. As it turns out, the number is around six-hundred thousand people at any given time. That is a lot of people waiting to hear if they will be removed from the land that they have established as a home to return to a place that they may barely know.
Since this is America, it is the burden of the government to prove that the individual facing deportation is not an American citizen and that they are removable from this country. The evidence must be clear and it must be convincing to a judge and/or jury. Therefore, it is in the best interest of anyone in this predicament to hire from the pool of Manhattan deportation lawyers who can help with these affairs.
The Fight Is Not Lost
Just because you are not an American citizen does not mean that you have to throw in the towel and give up on any hope at all of potentially getting some relief from deportation. In fact, it is quite the opposite. You can petition the government for relief from deportation for a whole host of different reasons. Of course, this argument is going to be a lot more convincing if you have a deportation lawyer to make that argument on your behalf.
Your lawyer will know the exact way to address the court and how to go through step-by-step to make sure that the whole process is handled professionally and with extreme care. You will want that because the worst thing that you can do is fail to address the court properly or handle your case in a manner that the court will understand.
Board Of Immigration Appeals
In the event that you are ruled against in your initial court appearance, you have thirty days to appeal your case to the Board of Immigration Appeals. If they also reject your claim, then you may appeal to the U.S. Federal Court of Appeals that has jurisdiction over the particular geographic area that you reside in the country.
As you might imagine, each of these processes is unique and requires a trained professional to help work through them. It is not impossible to get your case before an appeals court like this with at least some hope of getting relief from deportation or otherwise reversing the rulings that have been made by the lower courts. The most important thing is to have a competent lawyer to help make this case for you.
Those who are trying to avoid deportation will be happy to know that they can remain in the country while they are fighting these appeals and trying to keep themselves from being deported. That is another added bonus to having a great lawyer working on your case.
Protect Against The Changing Immigration Winds
Immigration has a stronger tie to politics than do most legal issues. While all politicians like to show the voters that they are tough on crime, it is immigration that really gets some voters out to the polls. It is because of this that it is very important to have a good immigration lawyer who knows what he or she is doing in order to protect you from the whims of politicians.
A lot of people right now understand that immigration is a hot button issue and that the rules are changing dramatically even from where they were just a few years ago. To be concerned about all of this is to be a human being. A lot of people are concerned, and many don’t know what to do about protecting their own rights. The only option is to hire a lawyer who can keep up with such things and make sure to put you in the best possible position in court when your day in court comes.
The Judge Is Not On Your Side
The final thing to remember is that the immigration judge is not going to be on your side. While the judge is to act impartial and hear arguments from both sides, there is a general understanding that he or she will agree to remove you from the country in the event that you do not provide much reason for your right to stay. The judge is tasked with ordering the deportation of those who cannot provide a valid reason for why they should be allowed to stay. Thus, it is absolutely essential to get a lawyer to sign up to help you fight these things out in court.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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