What is Crimmigration?
Very generally speaking, matters related to an individual’s immigration status are governed by federal law, and the vast majority of criminal matters are prosecuted in state court. As a result, it would seem to make sense that one issue would have little to do with another. In reality, however, the outcome of a criminal case in state court can have a direct impact on a person’s immigration status and may even result in the initiation of deportation proceedings.
”Crimmigration,” a portmanteau of “criminal” and “immigration,” is the area of law that is related to the nexus between immigration and criminal law. Attorneys who practice in this area focus their practice on helping individuals mitigate the immigration consequences of a criminal prosecution. Importantly, even skilled criminal defense lawyers who have been practicing law for years may be unaware of how the two areas may be related, so it is important for noncitizens to ensure that their lawyer is aware of the possibility that a criminal conviction could have immigration consequences.
How a Criminal Defense Attorney in New Jersey can help
One of the most important ways in which a criminal attorney can help a non-citizen defendant is by ensuring that any plea bargain into which they enter does not result in deportation. The vast majority of criminal cases are disposed of through the use of plea bargains, in which a defendant agrees to plead guilty to an offense for a reduced sentence. In some cases, a guilty plea may be made pursuant to a deferred adjudication, in which a conviction is not entered so long as the defendant complies with the terms of probation. Importantly, this type of arrangement may still be considered a conviction for immigration purposes, meaning that even though the state court and the prosecutor hold the position that the arrangement did not result in a conviction, federal immigration authorities contend that it did.
As a result of these significant nuances, any plea agreement reached with the prosecutor handling a case that could have potential immigration consequences should be carefully negotiated by an attorney familiar with immigration law. In fact, the consequences of deportation can actually be used in a non-citizen defendant’s favor by making a deportation-triggering event part of the conditions of the plea agreement, thereby reducing the risk of a repeat offense in the mind of the prosecutor.
There is no complete list of the types of offenses that may result in deportation, and many seemingly minor offenses could trigger removal proceedings. Some examples of the kinds of criminal misconduct that may result in deportation include the following:
- Driving under the influence of alcohol
- Theft
- Violent crimes
- Firearms offenses
- Domestic violence
- Sexual offenses
- Any crimes that involve moral turpitude
Contact a New Jersey Crimmigration Lawyer Today to Schedule a Consultation
Non-citizens who are facing a criminal case should be certain to have their case reviewed by an experienced New Jersey crimmigration attorney before accepting any plea bargain offered by the prosecution. To schedule a consultation with attorney Ronald P. Mondello, call our office today or send us an email through our online contact form.
