Undocumented Immigrants Accused of Crimes. Even if you do not have a legal status in the United States, it is strongly recommended that you hire a criminal defense attorney who is familiar with immigration law. If you have been detained in jail as a result of your arrest, it is very likely that you will have to go before an immigration judge in the near future. Speak with a criminal defense attorney who also practices immigration law, and the attorney will be able to assist you in both resolving your criminal case with the least damage to you, and also will be able to help you fight your removal case in the Immigration Court.
Many undocumented immigrations believe that once they are arrested, they will automatically be deported. This is simply not true. There are many cases in which an attorney can help you resolve your criminal case in a way that will preserve precious rights to receive relief from removal in the immigration court.
Remember, the time to act is NOW. The time to defend yourself and preserve future rights is NOW. Talk with an attorney familiar with the special needs to immigrant defendants so that you can preserve your future immigration interests.
I AM AN IMMIGRANT AND HAVE BEEN ARRESTED, NOW WHAT DO I DO? If you are living in the United States and are not a citizen, different criminal convictions can have very different immigration consequences. If you are not very careful during your criminal defense, you could find yourself behind bars, subject to a federal immigration hold, or worse yet, subject to mandatory detention. The following information is designed to inform you about why you need to hire an experienced criminal defense attorney who knows about the immigration consequences of crimes in Utah.
The Arrest
If you have been arrested for any crime, the first thing that you must remember is that you are not obligated to speak with the police. Even though you are not a citizen of the United States, you are protected by the Constitution from being forced to say anything that can be used against you in court. Because even admitting to police any details about criminal conduct can be used by immigration authorities against you to deport you, it is essential that you do not answer police questions without a lawyer present. All you have to do is tell the police you will not answer any questions, and that you will not answer any questions until you have an attorney present to help you. The police may tell you that you won't get an attorney for several days. They may tell you that all you have to do is talk to them and they will release you. The police may try to be your friend. Do not believe anything the police tell you to try and get you to talk. The police officers have received special training on how to get people to talk to them and confess. Do not fall into their traps, or you could end up saying things that will haunt you later in immigration court.
Lawful Permanent Residents Accused of Crimes. If you are a Lawful Permanent Resident of the United States, it is highly recommended that you seek representation from a criminal defense attorney who also practices immigration law. As a Permanent Resident, you have much to lose from an ill-thought out guilty plea that could result in you losing your resident status, and in being cut off from your family. Remember, the time to fight to keep your legal status in the United States is NOW; if you are convicted of a crime that will result in adverse immigration consequences, you may not have another opportunity to correct your situation in the future.
