Criminal charges often provide grounds for the initiation of deportation proceedings in Bolingbrook. By fully understanding the legal procedures and the stakes involved in deportation proceedings, you may be able to build a strong defense strategy with the help of a compassionate immigration attorney.
The impact of criminal charges on deportation defense in Bolingbrook will depend on the status of the immigrant as well as the nature of the criminal charges and other factors. It is highly advisable to consult an experienced immigration defense lawyer for advice as soon in the removal process as possible.
Disposition of a Criminal Case
When reviewing the impact of criminal charges on a removal case in Bolingbrook, one of the most important factors to consider is the disposition of the case. The impact will be different if a criminal case is still pending compared to a situation where an immigrant has already been convicted. If an immigrant has legal status in the U.S., then a charge without a conviction may not provide grounds for deportation. Immigrants who entered or remained in the country illegally may be placed in removal proceedings based on a charge of a minor criminal offense.
In addition to a conviction, other outcomes could affect the potential for removal. Many defense lawyers counsel their clients to accept an arrangement with probation before judgment or a similar outcome. While these arrangements may not be considered “convictions” for criminal law purposes, it may still be viewed as a type of conviction regarding immigration law. It is wise for any immigrant accused of a criminal offense to consult a lawyer who understands the immigration impact of criminal defense strategies.
Crimes That Provide Grounds for Deportation
The effect of criminal charges on deportation defense in Bolingbrook is made more complicated by the lack of precise definitions in U.S. immigration law. In general, crimes of “moral turpitude” could allow for removal even for immigrants with lawful status. Determining which crimes fit this label can prove challenging.
Specifically, 8 U.S.C. §1182(a)(2)(A) holds that an alien becomes inadmissible to the U.S. after being convicted of or admitting committing acts that make up a crime of moral turpitude. A conviction or admission of guilt for violations of controlled substance laws can also render an immigrant inadmissible. Crimes punishable by no more than one year of imprisonment, including many misdemeanors, do not provide substantive grounds for removal if the immigrant was not sentenced to more than six months in jail.
Crimes involving moral turpitude have been defined by the U.S. Department of State to include offenses such as:
- Larceny (theft)
- Assault with intent to cause serious injury
- Identity theft/credit card fraud
- Possession of child pornography
Because this determination may be made on a case by case basis, opportunities are available for defense counsel to show why a crime in a particular case should not provide grounds for removal.
More Information About the Impact of Criminal Charges on Deportation Defense in Bolingbrook
Deportation defense in Bolingbrook often involves a two-step approach. It may be argued that an immigrant is not subject to removal, by showing that a criminal charge does not involve a crime of moral turpitude or controlled substance violation. Secondly, even if the subject of the proceedings could be considered eligible for removal, defense attorneys may argue that the court should grant relief from removal on one or more grounds.
The impact of criminal charges on deportation defense in Bolingbrook should not be underestimated because criminal accusations or convictions could play a key role in the court’s decision. At the same time, in many cases, deportation defense lawyers may be able to demonstrate that criminal charges in a case should not be considered grounds for removal. To start working on your case, get in touch with a dedicated attorney today.