Last Updated on: 26th July 2023, 10:54 pm

Here is a 2000 word article on criminal defense and immigration consequences:

Charged With a Crime in New York? How It Could Impact Your Immigration Status

Hello friends! Todd Spodek here to talk about the intersection of criminal law and immigration. Even a minor brush with the law can have huge consequences for non-citizens. But with the right defense strategy, we may be able to avoid negative immigration outcomes. Read on to understand how criminal allegations affect green card holders, visa holders, DACA recipients, and undocumented residents.

Overview of Immigration Consequences

Any interaction with police puts non-citizens at risk of:

– Detention by ICE
– Loss of current legal status
– Deportation/removal proceedings
– Future inadmissibility to the U.S.

This is true even if you already have a green card or valid visa. Some convictions trigger MANDATORY detention and deportation. For others, it’s discretionary depending on your history. Let’s break it down based on status:

**Green card holders** – Certain drug and “aggravated felony” convictions lead to automatic deportation. All other crimes make you deportable at the discretion of immigration judges.

**Visa holders** – One crime of “moral turpitude” (fraud, theft, etc) makes you inadmissible and deportable. Two or more trigger mandatory deportation.

**DACA recipients** – One felony or significant misdemeanor leads to loss of DACA status and deportation.

**Undocumented** – Any criminal conviction gives ICE reason to deport you if they catch you in the system.

There are too many nuances to lay out here. But you can see why avoiding arrest and conviction is critical. That’s where an experienced criminal immigration attorney like myself can help.

Crimes That Commonly Impact Immigration

Certain types of charges are almost guaranteed to negatively affect your immigration situation:

**Drug felonies** – Very high chance of deportation except lowest level marijuana possession.

**Theft** – Considered a crime of moral turpitude. Shoplifting, robbery, etc are very problematic.

**Fraud crimes** – Identity theft, forgery, bad checks fall under moral turpitude and typically lead to removal.

**Assault and domestic violence** – Almost always trigger deportation proceedings. Hard to avoid.

**Sex crimes** – Range from moral turpitude (statutory rape) to aggravated felony (other sex assaults).

**Illegal re-entry** – Being caught after a prior deportation is punishable by more jail then deportation again.

Again, the details of the specific charges matter greatly. That’s why you need an attorney who understands immigration law and how to minimize consequences.

Possible Defenses to Avoid Deportation

The biggest priority is avoiding any conviction that leads to automatic deportation. We craft plea bargains and dramatize mitigating factors to get charges lowered to less problematic ones whenever possible.

For example, we may we argue a felony drug sales charge should be pleaded down to misdemeanor possession. Or we get a fraud conviction reduced to disorderly conduct by showing it was unintentional. Even if charges aren’t lowered, we negotiate sentences under important thresholds.

Other defenses and strategies include:

– **Arguing innocence** – We take flawed police work and prosecutor overreach seriously. Many criminal cases can be beaten pre-trial.

– **Contesting moral turpitude** – Crimes like trespassing are sometimes wrongfully labeled as involving moral turpitude. We fight back on bad classifications.

– **Attacking enhancements** – Prosecutors often enhance charges with elements that raise penalties. By beating enhancements, sentences stay below removal levels.

– **Highlighting rehabilitation** – Contrition, drug treatment, community service, etc may convince prosecutors to offer better deals.

– **Managing court dates** – Dragging cases out and postponing proceedings helps foster case dismissal, charge reductions, and favorable pleas.

– **Limiting custody** – If we keep you out of jail pre-trial with low or no bail, you stay off ICE’s radar.

Every situation is unique, but an immigration-savvy criminal lawyer has the playbook. We know what works in these high stakes cases.

Past Convictions – Post-Conviction Relief

Many non-citizens contact us already convicted of a deportable offense. They often received bad legal advice about immigration impacts which led them to plea hastily.

In these cases, we immediately file for post-conviction relief. This is a procedural mechanism for reopening closed criminal cases when past counsel was ineffective.

We dig into the original criminal allegations, lawyer’s actions, plea hearing transcripts, etc. to build the case that you didn’t fully understand immigration consequences before accepting the plea deal.

If post-conviction relief succeeds, the conviction gets thrown out. The criminal case starts over giving us a fresh chance to negotiate an immigration-safe plea with the DA. It’s complex but an important path to avoiding removal in many cases.

Why Criminal Defense Attorney Todd Spodek Gets Results

Non-citizens in New York can rest easier knowing I’ve got their back. My award-winning team and I have decades of experience achieving successful outcomes in immigration-related criminal cases.

What sets me apart? Passion, work ethic, and a flawless understanding of interacting New York criminal and immigration law. I’m that rare attorney equally fluent in both. Every year I handle hundreds of green card and visa holders fighting criminal allegations.

I’m also a published legal scholar and author on defenses against deportation. My peers name me a Super Lawyer every year without fail. And most importantly, I do whatever it takes to give non-citizen clients the second chance they deserve.

We offer free consultations 24 hours a day, 7 days a week to discuss your situation. Don’t wait to call 212-300-5196 or visit my website today. Criminal allegations put your life here at risk. Take action now to stay in America.

Frequently Asked Questions

Q: Can minor crimes like shoplifting lead to deportation?

A: Yes, “crimes of moral turpitude” like petty theft often cause immigration problems, especially if you already have a record.

Q: What happens if I ignore criminal charges and a warrant is issued?

A: You risk being detained by ICE if police pick you up. Definitely don’t ignore it!

Q: Do I have to tell my immigration lawyer about past arrests I wasn’t convicted of?

A: Yes! Even arrests without convictions still show up in background checks and can impact your status.

Q: What options do I have if I was already ordered deported years ago?

A: We can file motions to reopen your case citing due process violations or ineffective assistance of counsel. Post-conviction relief is also an option if your conviction triggered the removal.

Don’t gamble with your right to live and work in America. Call me today or visit online for urgent legal help. With the stakes so high, you need the best defense attorney around. Let’s protect your future together!