Getting arrested and being charged with committing a crime have serious implications for individuals who are not citizens of the United States. What could be a good outcome on a criminal case for a regular citizen could jeopardize the  status of somebody who is a resident or an undocumented person in the United States.

If you have been arrested, charged, or convicted of a crime, these are the options that we can evaluate to fight your case:

  • Immigration bonds
  • 42a cancellation of removal for permanent residents
  • Hardship waiver (212h)
  • Aggravated felony waiver (212c)
  • Stays of deportation

Before pleading guilty or accepting the charges, non-citizens should always consult with an experienced immigration attorney. The attorneys at Magilligan Law have experience in cases involving criminal charges or convictions. Attorney David Magilligan applies the knowledge and experience he gained as a prosecutor with the Miami State Attorney's Office to get the best outcome for clients with criminal records.

Navigating the intersection of criminal law and immigration law requires specialized knowledge because the consequences of a criminal conviction can extend far beyond the criminal justice system. For non-citizens, even minor offenses can lead to serious immigration consequences such as detention, removal proceedings, or loss of eligibility for immigration benefits.

Therefore, it is crucial to have legal counsel who understands both areas to provide comprehensive defense strategies tailored to protect your immigration status.

Immigration bonds are a critical tool for individuals detained by Immigration and Customs Enforcement (ICE) while awaiting the outcome of their immigration case. These bonds can allow detainees to be released from custody during removal proceedings, providing an opportunity to prepare their defense and maintain family and community ties. Evaluating the possibility of obtaining an immigration bond early in the process can significantly affect the overall outcome of the case.

Cancellation of removal under section 42a is a form of relief available to certain permanent residents who meet specific criteria, including continuous residence and good moral character. This form of relief can prevent deportation and allow the individual to remain in the United States legally.

Similarly, hardship waivers under section 212(h) may be available to those who can demonstrate that removal would cause extreme hardship to qualifying relatives, such as U.S. citizen or lawful permanent resident family members.

For those charged with aggravated felonies, the 212(c) waiver can sometimes provide relief by allowing certain non-citizens to avoid removal despite their convictions. However, eligibility for this waiver is limited and complex, requiring detailed legal analysis and strategic defense planning.

Stays of deportation are temporary orders that halt removal proceedings, often granted to allow time for appeals or to consider other forms of relief. While a stay does not grant permanent relief, it can be a vital part of a defense strategy to delay or prevent deportation.

At Magilligan Law, our legal team is dedicated to thoroughly evaluating each case to identify all possible avenues for defense and relief. We work closely with clients to understand their unique circumstances and immigration history, ensuring that every legal option is considered before making critical decisions such as entering a plea.

Choosing to plead guilty without understanding the immigration consequences can result in permanent damage to your immigration status, including deportation or inadmissibility. Therefore, it is essential to seek guidance from a criminal immigration attorney who can advise you on the potential risks and benefits associated with any plea or legal strategy.

Our firm provides aggressive representation in both criminal and immigration courts, ensuring that your rights are protected throughout the entire process. Whether you are facing charges in Broward County, Miami, or elsewhere in South Florida, we are prepared to fight for the best possible outcome for you and your family.

Early intervention by experienced legal counsel can make a significant difference in the resolution of your case and help safeguard your future in the United States. Contact Magilligan Law today to schedule a consultation and learn more about how we can assist you in navigating the complexities of criminal immigration law.

Crimes & Penalties That Impact Immigration Status

Concepts such as aggravated felonies, crimes involving moral turpitude, and crimes of violence are not known by most people. Immigrants who have been charged or have been sentenced for committing a crime need to be aware of what they mean.

Understanding these classifications is critical because they can have severe consequences on an individual's immigration status, including deportation, inadmissibility, or denial of certain immigration benefits. Knowing the difference between these types of crimes helps in crafting an effective defense strategy and in seeking appropriate legal counsel.

Aggravated Felonies

Aggravated felonies are the most serious type of conviction for non-citizens of the United States.

Some of the aggravated felonies defined by the immigration statutes are:

  • Alien smuggling (except for a first offense in which the person smuggled was the parent, spouse, or child)
  • Child pornography
  • Murder
  • Rape
  • Sexual abuse of a minor
  • Drug trafficking
  • Fraud, theft, and money laundering (if the amount involved is over $10,000)
  • Illegal re-entry after deportation or removal for conviction of an aggravated felony

Convictions for aggravated felonies often lead to mandatory detention and removal proceedings without eligibility for most forms of relief. It is crucial for immigrants facing such charges to seek experienced criminal defense and immigration legal representation to explore all possible defenses and relief options.

Aggravated felonies carry severe consequences not only in criminal court but also in immigration court. A conviction can result in permanent inadmissibility to the United States, making it impossible to obtain visas, green cards, or even citizenship in the future.

Additionally, aggravated felony convictions often bar individuals from applying for cancellation of removal or asylum, limiting their options for relief from deportation.

The intersection of criminal prosecutions and immigration law means that a guilty plea in a criminal case can have devastating immigration consequences. Therefore, it is essential to consult with a criminal immigration attorney before entering any plea to understand how the plea may impact your immigration status.

Skilled attorneys can sometimes negotiate plea agreements that minimize immigration risks or identify defenses that could prevent a conviction from qualifying as an aggravated felony.

Understanding the immigration process and the potential for deportation defense is critical for anyone charged with crimes that could be classified as aggravated felonies. Legal counsel experienced in both criminal defense and immigration law can guide clients through the complexities of the legal system, ensuring that their rights are protected throughout the entire process.

The firm's practice areas include representation in immigration cases involving aggravated felonies, providing aggressive representation to defend clients' rights and fight for the best possible outcomes. Whether you are facing charges in Broward County, Miami, or elsewhere in South Florida, having a great lawyer who understands the nuances of both criminal and immigration law is vital to protecting your future and your family members.

If you or a family member is facing criminal charges that may affect immigration status, contact Magilligan Law to discuss your case. Early intervention by an experienced criminal immigration attorney can make a significant difference in the resolution of your case and help prevent deportation or other adverse immigration consequences.

Crimes Involving Moral Turpitude

Crimes involving moral turpitude have not been specifically defined by immigration laws. The courts have indicated that moral turpitude “generally refers to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one's fellow man or society in general.” Crimes of fraud generally involve moral turpitude.

Some of the crimes that are considered to involve moral turpitude are:

  • Obstruction of justice
  • Attempted murder
  • Assault with a deadly weapon
  • Fleeing and eluding a police officer

Determining whether a crime involves moral turpitude can be complex and often requires detailed legal analysis. Such crimes can affect an immigrant's eligibility for visas, green cards, or naturalization, and may also trigger removal proceedings. Consulting with a knowledgeable criminal immigration attorney is vital to understand the implications and to develop a strategic defense.

Crimes of Violence

The immigration laws have defined crimes of violence as “an offense that has as an element of the use, attempted use, or threatened use of physical force against the person or property of another, or any other offense that is a felony and that, by its nature, involves a substantial risk that the physical force against the person or property of another may be used in the course of committing the offense.”

Crimes of violence can include offenses such as assault, battery, domestic violence, and certain firearm offenses. These convictions can significantly impact an immigrant's ability to remain in the United States and may result in removal proceedings or denial of immigration benefits. It is critical to have aggressive legal representation to protect your rights and future in such cases.

Given the serious consequences associated with crimes of violence, it is essential for those accused or convicted to seek experienced criminal defense attorneys who understand the intersection of criminal law and immigration matters.

A knowledgeable criminal immigration attorney can provide experienced legal counsel throughout the entire process, from arrest to resolution, ensuring that the accused's legal rights are protected in both criminal court and immigration court.

Navigating the complexities of the criminal justice system while simultaneously addressing immigration issues requires a skilled legal team well-versed in both areas. The attorneys at Magilligan Law bring years of experience defending criminal defendants in South Florida, including Broward County and Fort Lauderdale, and are committed to providing aggressive representation tailored to each client's unique situation.

If you are charged with a crime of violence or any offense that could affect your immigration status, it is imperative to consult with a criminal immigration attorney promptly. Early intervention can make a significant difference in the outcome of your case and help mitigate the risk of deportation or other adverse immigration consequences.

Contact us online or call 954-927-7961 to schedule a consultation with our Hollywood criminal immigration lawyers.