Los Angeles Criminal Lawyers Blog

Many of our clients who are detained on criminal allegations also have Immigration proceedings started at the time of their arrest. There are many questions regarding the differences between Criminal court and Immigration court.

Your criminal case is a separate entity from your immigration case. It involves two separate courthouses and two separate Judges. When you are detained on a Criminal case it is in regards to your criminal case only. Any time served in jail will go towards your criminal sentence only.

If you do not have citizenship status in the United States then an Immigration hold will be put on you once you are arrested on accused criminal charges. After you have been released from custody , if you are in custody, and have appeared before a criminal Judge and completed your criminal case, you will be transferred over to an Immigration detention center.

Once in Immigration custody, you will appear before an Immigration Judge who will determine whether you will be permitted to remain in the country and/or if you will remain in custody. A separate bail amount will be set, if any, for Immigration custody. If you have paid a bail amount to be released from jail on your criminal case, it will not cross over to your Immigration bail amount. The Immigration Judge will set a separate amount for bail. This amount must be paid to be released from custody.

The criminal and immigration process is complex and can cause a lot of confusion if you are not familiar with its ins and outs .A knowledgeable Los Angeles Criminal Defense attorney is not only familiar with the criminal procedure, but knows the Judges and Prosecutors as well. Additionally, an attorney that has been practicing for over thirty years can recommend an Immigration attorney that they have worked with on thousands of cases and can provide work representation that you can have confidence in.

Many of my clients make the mistake in assuming that a Criminal Judge can make decisions regarding your Immigration status and vice versa. This however is not the case, as they are two very separate judicial entities.

The Immigration court is a federal court and uses federal rules and law. An Immigration judge does not have the discretion or jurisdiction to make decisions regarding your criminal case. The Judge will look at what the ruling or final judgment was on your criminal case and makes a decision based on that. He or she will not consider the merits, that is the facts, of your criminal case and decide whether you were wrongfully charged or convicted. The underlying facts are not important to the Immigration Judge, and he does not have the discretion to consider them in making a decision regarding your Immigration status.

The Criminal Court is a state court and uses state law. A Criminal judge will advise you that a criminal conviction can affect your immigration status but he has no authority to decide on any immigration matter. He or she will consider the merits of your criminal case and make a ruling. Immigration status will be decided by the immigration judge based on that ruling.

The best way to assure that your Criminal and Immigration rights are protected is to hire two attorneys that are knowledgeable in their respective fields. An experienced Los Angeles Criminal Defense attorney will know a good Immigration attorney that they can work with closely to get the best possible results for your case.

A criminal charge may have very serious consequences on your immigration status, if you are not a natural born citizen. In many situations your Legal Permanent Status may be revoked, and as a much more serious consequence, you may be deported.

The Immigration and Naturalization Act outlines certain categories of offenses that may warrant deportation. Certain crimes pertaining to crimes of moral turpitude may be grounds for deportation. Crimes of moral turpitude are those that would offend the average person. An attorney who has handled thousands of cases involving immigration issues is familiar with the consequences and understand the importance of your Immigration status. The California criminal law as it relates to Immigration law is complicated and subjective, thus leaving room for a powerfule argument and defense which allows for a persons immigration status to remain unchanged.

Additionally, certain offenses, such as drug offenses, domestic violence or aggravated assault may also be ground for revocation of immigration status. More often than not a felony will have much more serious consequences than a misdemeanor on your immigration status.

If you are not a natural born citizen and have been charged with a criminal offense it is more important than ever to hire an experienced Los Angeles Criminal Defense attorney to protect your rights and ensure that you are given a fair trial before a final judgment is reached. At Hoffman and Associates our skilled attorneys work closely with a highly recommended Immigration attorney to reach the best possible outcome for your case so that not only does your record remain clean, but your immigration status remains secure. Don't risk your future and well being, hire someone with over thirty years of experience and your best interests in mind. Contact our office today for a no obligation consultation!