Moving to the United States from a foreign country is not easy, and immigrants often face numerous legal hurdles on their path to the U.S. If you immigrate to the United States and are arrested for a criminal offense, your situation might be a bit precarious. Not only must you confront the potential penalties if you are convicted, but you could be removed from the U.S.
Rest assured, you will likely not be criminally charged for being undocumented or otherwise present in the United States unlawfully. Your immigration status, whatever it might be, typically cannot be used to upgrade charges or increase penalties. However, depending on your status, you might be subject to removal or deportation. The best way to avoid removal is to avoid being convicted, which is easier said than done. Speak to an attorney about your situation immediately.
Get a confidential evaluation of your case from our Atlantic City criminal defense lawyers by calling us at the Law Offices of John J. Zarych at (609) 616-4956.
Can I Be Criminally Charged for My Immigration Status in NJ?
Your immigration status is not grounds for criminal charges. Even if your status is not good (e.g., you are undocumented or in the U.S. unlawfully), you should not be arrested and charged with a crime. However, you may be arrested for committing any other crime, and your immigration status might be an important piece of the legal puzzle.
First, you must understand that your immigration status should not be considered when the authorities arrest you, when prosecutors decide charges, or when a jury decides a verdict. If you believe your immigration status has been unlawfully used against you in some way, tell our NJ criminal defense lawyers about it immediately. While being present in the United States without legal immigration status is technically illegal, it is not exactly a crime.
Generally, the authorities do not arrest and charge people simply for being undocumented. However, if a person who is undocumented is arrested and charged with a criminal offense, they may face consequences beyond ordinary criminal penalties. Namely, you might be deported from the United States if you are convicted.
This can also present significant legal complications for people who are lawfully present in the United States but are not citizens. For example, someone here on a visa or as a lawfully permanent resident with a green card might suddenly face deportation hearings after being convicted of a crime.
How a Criminal Conviction Might Impact Your Immigration Status in NJ
While you cannot be arrested or charged with a criminal offense based solely on your immigration status, a criminal conviction might come with extra consequences depending on your status. In short, certain criminal convictions might mean the government may consider you “removable” and have you deported.
Not every criminal offense or conviction may make you eligible for removal. The law defines what criminal offenses make someone removable under 8 U.S.C. § 1227(a)(2). This includes a vast array of offenses, and you should discuss any criminal charges and your immigration status with a lawyer immediately.
According to subsection (A) of this law, convictions for crimes of “moral turpitude” may make someone removable. While no statutory definition of moral turpitude exists, the courts have expounded on the issue in numerous cases. In the 2001 case of Medina v. U.S. from the Fourth Circuit Court of Appeals, crimes of moral turpitude are understood to be conduct that shocks the conscience and is inherently vile, depraved, or based. This often includes very serious and violent offenses, not minor offenses like shoplifting.
Numerous other subsections of this law include crimes involving controlled substances, certain firearm offenses, domestic violence, trafficking, and other miscellaneous offenses.be sure to talk to your lawyer about the nature of your charges and how they might affect your immigration status.
What to Do if You Are an Immigrant in NJ. Arrested for a Criminal Offense
During the arrest, cooperate with the police. Many people who immigrate to the United States fear any confrontation with law enforcement because of misconceptions about being deported. Know that resisting arrest might only get you in deeper trouble, even if the police are making an unlawful arrest or are arresting the wrong person.
If you need one, ask for a translator. If English is not your first language and you feel uncomfortable talking to the police in English, you should request a translator. This might not always be possible, but asking should not hurt your case.
Call a lawyer as soon as possible and avoid answering questions from the police about the alleged offense. Whether or not you are a citizen, the police still must respect your rights. This means you have the right to remain silent and refuse to answer questions during custodial interrogation. It also means you have the right to have a lawyer by your side while the police question you. Invoke both these rights as clearly and directly as you can.
How to Avoid Removal After Being Arrested for a Criminal Offense in NJ
If you are concerned that a criminal conviction might subject you to removal proceedings, the first thing you should do is get a lawyer. Your lawyer can help you fight the charges and, if you are successful, avoid a conviction. Without conviction, you cannot be deported based on a criminal offense.
Also, you must know your rights. Not all criminal convictions lead to removal. For example, if you are convicted of something minor like vandalism or shoplifting, the authorities should not try to have you deported. If they do, alert your attorney immediately.
If you are convicted of a relatively minor offense, like a disorderly persons offense, you probably will not be removed from the United States. Even so, any kind of criminal record might come back to haunt you as you move further along in the immigration process.
Speak to Our NJ Criminal Defense Lawyers About Your Situation
Get a confidential evaluation of your case from our Mays Landing criminal defense lawyers by calling us at the Law Offices of John J. Zarych at (609) 616-4956.
