If you are accused of a State or Federal criminal offense, you can’t afford to stand trial without a dedicated and experienced criminal defense lawyer on your side.
A criminal conviction can lead to lengthy terms of incarceration, substantial fines, and loss of reputation. Moreover, immigrants that are convicted of serious crimes will face deportation proceedings and possible removal from the United States at the completion of their sentence and will need to enlist the services of a good New Jersey Lawyer to protect their permanence in the country.
A criminal case begins with investigations being conducted by police officers or federal agents. The arrest of a suspect or the issuance of a warrant for his arrest is made as soon as there is probable cause to believe that an individual has committed the offense. All U.S. Citizens have a constitutional right to have a reasonable bail set by a judge within 24 hours or being arrested.
However, Lawful Permanent Residents that have not acquired US Citizenship can be held in custody for much longer, unless a bond is set by an immigration judge. In cases like this, the deportation defense lawyer of a Litigation Law Firm will try to secure release from custody by making a motion for an expedited hearing.
Whether or not he is released from custody, an accused has the right to be informed of the charges against him. A hearing, which is called “arraignment”, must be scheduled within 72 hours of the arrest.The prosecutor will then provide all the evidence against the accused to the Federal defense lawyer, also known as “discovery”.
After that, the case will be scheduled for a series of status conference hearings, so that both the defense lawyer and the prosecutor can make pre-trial motions with the Court. At this time, the prosecutor will make a plea offer to the accused for a lighter punishment that could be received in a jury trial.
The accused has also a constitutional right to be informed by an Immigration Attorney of the immigration consequences of a criminal conviction on his or her legal status in the United States.
We specialize in deportation and removal hearings in immigration court. We possess a thorough knowledge of the immigration consequences of criminal convictions and the waivers and the remedies available to individuals and families in immigration court proceedings.
Asylum law is the protection of refugees fleeing persecution. The Immigration and Nationality Act (“INA”) defines a “refugee” as: any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
An applicant may apply for asylum if she is “physically present in the United States” or at the border. Individuals seeking protection from outside the United States may apply for refugee status.
The applicant may qualify as a refugee either because he or she has suffered past persecution or because he or she has a well-founded fear of future persecution.
We have extensive experience presenting these claims at the asylum office and at the immigration courts level.
“Prosecutorial discretion” is the authority of an agency or officer to decide what charges to bring and how to pursue each case. A law-enforcement officer who declines to pursue a case against a person has favorably exercised prosecutorial discretion.
Prosecutorial discretion may be exercised at any stage of an immigration case. Specifically, prosecutorial discretion may be exercised when deciding whether to: issue a detainer (ICE hold); initiate removal proceedings; focus enforcement resources on particular violations or conduct; stop, question, or arrest a particular person; detain or release someone on bond, supervision, or personal recognizance; settle or dismiss a removal case; stay a final order of removal; pursue an appeal; and/or execute a removal order. Examples of the favorable exercise of prosecutorial discretion in the immigration context include a grant of deferred action; a decision to terminate or administratively close removal proceedings; a stay of removal; or a decision not to issue a charging document in the first place.
Because of limited agency resources, ICE cannot remove all persons illegally present in the U.S. Instead, ICE uses a number of factors to decide when to prosecute and when to exercise prosecutorial discretion. While too lengthy to list here, the factors include: the person’s pursuit of education in the U.S.; the circumstances of the person’s arrival in the U.S.; the person’s length of presence in the U.S.; whether the person or any immediate relative has served in the armed forces; the person’s ties and contributions to the community; whether the person has a U.S. citizen or permanent resident spouse, child, or parent; the person’s age; the person’s ties to his or her home country; and whether the person is likely to be granted some sort of temporary or permanent relief from removal.
Drug offenses and Federal Immigration Crimes have the toughest penalties and sentencing guidelines. Thus, it is essential to hire a deportation defense lawyer with criminal defense experience that can fight for your case and protect your rights.
The criminal case can result in a dismissal, a judgment of acquittal, or a conviction.
In New York, a criminal conviction can be appealed to the Appellate Division of the Supreme Court. In the alternative, a Motion to Vacate a criminal judgment can be filed with the same court that entered the conviction. In Federal Court, this post-conviction motion is called Writ of Coram Nobis.
If you are an immigrant that has been placed into deportation proceedings as a result of a criminal conviction, you need to immediately hire a Deportation Lawyer. In many cases, you will be able to apply for a Waiver or for Cancellation of Removal and remain legally in the United States.