There are many consequences that can come with a criminal conviction, starting with jail time and fines. For non-citizens, one of the most significant consequences is the potential for deportation and removal from the United States.
When you have questions about the impact of criminal charges on deportation defense in Cicero, seek legal counsel right away. There are defenses available in these cases, and not every criminal charge is guaranteed to lead to removal. A dedicated deportation defense attorney could help you fight back.
In Cicero, the effect of criminal charges on your deportation case are serious. Under the Immigration and Nationality Act (INA), there are more than 20 offenses that are considered aggravated felonies. According to immigration law, a conviction for any one of these offenses will often make it difficult to build a defense against deportation. Examples include:
This term may be confusing for some people, especially since it can have a different definition under state law. For example, some crimes that are considered aggravated felonies according to the state code might not qualify under immigration law. An attorney could provide helpful insight into whether a charge might apply.
Other types of criminal charges that could affect a deportation case in Cicero are crimes of moral turpitude, commonly referred to as CMTs. These are not clearly defined in U.S. immigration law. However, federal courts have provided some guidance, and the Department of State has outlined the most common elements that constitute a moral turpitude crime, including fraud, larceny, and intent to harm people or things. Offenses involving fraud and theft generally fall within the category of crimes of moral turpitude.
Additionally, acts such as assault with the intent to rob or kill and spousal abuse are also considered crimes of moral turpitude. In general, a crime intended to harm an individual can be considered a CMT.
Because this designation is largely subjective, it may be possible to argue that a conviction should not be classified as a crime of moral turpitude. Alternatively, a defendant could assert that the statute under which he or she was convicted contains elements that do not always align with this type of offense.
There are several ways that state courts can order post-conviction relief in a criminal case. This includes allowing a person to expunge their conviction or seal the records related to the offense. A court might also decide to vacate a conviction based on the terms of a plea agreement. Unfortunately, these remedies might not carry any weight for immigration purposes.
The federal and state judiciaries are two independent systems. Once a person is convicted of a crime, a state court cannot decide what a federal judge will do with that information. It is possible for a conviction that was expunged or vacated by a judge in Cicero to still result in deportation under federal law.
When you are concerned about your immigration case following a criminal conviction, it is time to discover your legal options. You might have a viable defense in your case, but that can depend on the specific offense of which you were convicted. Call an attorney today to learn more about the impact of criminal charges on a deportation defense in Cicero.
