Get immigration and criminal attorneys if you have a crime

IF you have been arrested because of a crime and that you are going to get a plea bargain, that is the time that you have to get a Immigration Lawyer to work with the criminal defense attorney in order to best protect you and in order for the Immigration Lawyer to determine what is the best plea you can take. Alternatively, working the best plea might be the best way to minimize the harm that will occur in removal or deportation hearings. You simply cannot plea to something that the criminal defense attorney claims is the best deal without getting the necessary advice from a deportation lawyer.
Criminal convictions often have severe immigration consequences. Thus, as a steadfast rule, upon any arrest, all noncitizens should seek out immigration as well as criminal defense counseling. For obvious reasons, any outcome that qualifies as a conviction for immigration purposes should be avoided if at all possible. At a minimum, the consequences under immigration law of the conviction should be minimized.  If it appears that a conviction is unavoidable, it is critical that criminal defense attorneys work with immigration practitioners, prosecutors, and the courts to structure a resolution that will avoid or at least minimize immigration consequences. If a conviction is already final and immigration consequences have attached or likely will attach, the possibility of obtaining qualifying post-conviction relief should be investigated, but it is much more difficult at that stage.
While the following case is not ‘retroactive’, it does apply to all criminal conviction guilty pleas forward from the date of the case. In 2010, the Supreme Court held that criminal defense attorneys are required under the Sixth Amendment to advise noncitizen clients of immigration consequences of guilty pleas. The Court had “long recognized that deportation is a particularly severe ‘penalty.’” Although deportation is not strictly a criminal sanction, the Court in this case stated that it is “nevertheless intimately related to the criminal process.” “And, importantly, recent changes in our immigration law have made removal nearly an automatic result for a broad class of noncitizen offenders.”  The Court thus found it “most difficult to divorce the penalty from the conviction in the deportation context, “and concluded that “advice regarding deportation is not categorically removed from the ambit of the Sixth Amendment right to counsel.” In fact, “deportation is an integral part — indeed, sometimes the most important part — of the penalty that may be imposed” on defendants. Thus,, while a Long Beach deportation attorney cannot specifically rely on the Padilla case for cases predating 2010, the arguments used can certainly be made. It does not close the door on apply for criminal relief for pre 2010 cases. Of course, for cases after 2010, it can be specifically cited and argued that the criminal defendant did not know or understand the immigration consequences of the plea.
Under the Padilla framework, the criminal defense attorney must inform a client whether a plea carries a risk of removal.  The Court rejected the argument that attorneys only have to avoid giving affirmative misadvice..  That is, attorneys cannot simply remain silent about immigration consequences. Obviously, a criminal defendant should not be placed in a position where he makes a plea without having any idea whatsoever of the immigration consequences.
When the consequences of the plea are unclear, the defense attorney need only advise the client that pending criminal charges may carry adverse immigration consequences.  When the deportation consequence is clear, the attorney has a duty to provide “correct advice”. However you look at it, be sure if you have been arrested to also get the help of an immigration attorney.

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Brian D. Lerner is an Immigration and Naturalization Attorney. He is a Certified Specialist in Immigration and Nationality Law as Certified by the State Bar of California, Board of Legal Specialization. Mr. Lerner is married to a Filipina and has been helping Filipinos immigrate to the United States for nearly 20 years. His firm represents clients in Deportation/Removal proceedings, does Waivers, Appeals, Naturalization, Adjustments, Criminal Relief, Citizenship, Consulate Processing, Work Permits, Investment Visas and all other areas of Immigration and Naturalization Law. You can go online to http://www.californiaimmigration.us/ and get a free consultation or call us at (562) 495-0554 for an in-person office consultation.