When a person has been convicted of a crime, they will be brought before the Criminal court to be tried for the charge. If a person is not a citizen, they will be sent to an immigration detention center and put on immigration hold.
Immigration hold means that their status may be in jeopardy, and they must be brought before the Immigration Judge before their criminal case can be tried. If you are not a citizen and hold legal status, such as a visa, green card or are a refugee then there are certain crimes that could cause you to be deported and your status revoked.
These crimes are serious in nature and include the following; drug crimes, crimes involving firearms, aggravated felonies, domestic violence and crimes of moral turpitude. Crimes of moral turpitude include crimes that question the morality and ethical nature of your person. Murder is such a crime. Courts generally take a no nonsense approach to crimes involving domestic violence. Drug offenses will also be taken seriously for all drugs other than marijuana possession or sometimes sale.
For those that are not citizens and hold no legal status in the United States, there are certain crimes that will cause them to be deported right away. Additionally, if it is a certain type of crime designated by statute, then the personal will also become inadmissible to apply for legal status. These crimes include: drug trafficking crimes, prostitution, convictions of more than one crime, and crimes of moral turpitude.
If you do not have immigration status, and are charged with a Los Angeles crime discussed above, it is very important that you hire a knowledgeable Los Angeles Criminal Defense Lawyer to fight for your rights and have the case dismissed or reduced. If the case is dismissed or reduced, then the Immigration Judge can only take into account what you have been convicted of, if you are convicted of anything. If there is no conviction, then your immigration status will not be affected if you have legal status, and if you do not have legal status, you will not become inadmissible to apply.
Once the criminal case has been dealt with, it is imperative to hire an Immigration attorney to help assure your status is restored. Many criminal defense attorneys work with experienced Immigration attorneys to help provide clients with a comprehensive team of experts. The Immigration attorney and the Criminal defense attorney work together to prepare the most powerful argument and defense for both your cases. It is more important than ever to retain excellent counsel so that your criminal record stays clean, and in turn, you are not deported away from the country you now call home.