Defense In Criminal Cases For Immigrants
Everyone in the USA have the appropriate to a defense lawyer if they are accused of any law-breaking. In the case of immigrant, even if they are permanent residents with many years standing this becomes crucial as a conviction on a misdemeanor classified as a crime involving moral turpitude or felony could have awful consequences for them in that their residence status could be reviewed, withdrawn and them being deported. Any immigrant caught up in a criminal charge should be calling on a Los Angeles Criminal Immigration Lawyer to ensure they are adequately defended.
The McCarran-Walter Act of 1952 is the basis for the contemporary rules and regulations regarding immigration status. There have been a number of although amendments and others currently under review in congress. At the basis of this legislation is that once one has become a citizen through naturalization then one is no longer subject to its provisions. Once you have got the paper you are a exempt.
But this is not the case for any non citizen, no matter how long they own lived in the US and how far along the path to citizenship they are. Green card holders, if found in contravention to the provisions of the act can be declared inadmissible and be deported from the US.
There are no specific lists of crimes which make one deportable. Rather here are broad categories of offenses that possibly could lead to deportation.
The first of these are offenses under immigration law, such as creation false declarations. There are a some of provisions with regard to US national security and any connection to terrorism or terrorist groups would make one immediately deportable. Then there are criminal violations. The United States regards any criminal activity as making one ineligible for citizenship. But it is not straightforward and many arguments can be made as regards to what constitutes ‘Moral turpitude’ and ‘aggravated felonies’. A conviction in relation to controlled substances is a deportable offense so this is an area that would be immigrants must be very careful to avoid. The exception is being caught in possession of less than 30g of marijuana for own use, which offense will shortly become an infraction. Nevertheless don’t chance it.
Crimes involving Moral Turpitude have been deduced from court findings rather than being listed in statute. These are generally offenses involving dishonesty, violence or immorality. In addition these crimes have to be committed within 5 years of arriving in the US the penalty for which is a jail term of over 1 year.
‘Aggravated Felonies’ were at the outset chosen in regard to the anti drug laws and were aimed at fighting narcotics trafficking. The act it very specifically states Murder, drug trafficking and illegal firearm and explosives sales. This definition has been expanded to include many misdemeanors (Crimes of a lesser magnitude) .
If you are an immigrant and green card holder who has been accused of any crime beyond and infringement (speeding and parking violations for instance) you should be diligent in your search for an attorney who has immigration and criminal law as their practice areas. Finding the best Los Angeles Criminal Lawyer is a task that requires patience and research. Make sure that you take your time before settling on a selection.