Criminal charges can be stressful, especially for non-citizens living in Pensacola. A conviction could lead to deportation, forcing you to leave the US or prevent you from re-entry.
Whether you’re an undocumented immigrant, a green card holder, or here on a visa, it’s crucial to know which crimes could result in deportation and how to protect yourself.
What Is Deportation?
Deportation is the process where the U.S. government forces a non-citizen to leave the country. This can happen if someone breaks certain laws.
The rules are part of a big set of laws called the Immigration and Nationality Act (INA). When someone is deported, they might be sent back to their home country and may not be allowed to return to the U.S. for a long time, or even forever.
Crimes That Can Lead to Deportation
Several types of crimes can make a non-citizen eligible for deportation. Understanding these crimes is important, so you can avoid situations that could lead to such severe consequences.
Crimes of Moral Turpitude
A crime of moral turpitude is a crime that goes against society’s basic values. This includes crimes like theft, fraud, and assault.
These crimes show a lack of good moral character, which is important for staying in the U.S. If you commit a crime of moral turpitude within five years of being allowed into the U.S., you could be deported.
For example, if someone steals something or lies to trick others into giving them money, that might be considered a crime of moral turpitude.
It’s a serious issue because even one conviction can put you at risk of deportation, especially if you are still new to the U.S.
Aggravated Felonies
An aggravated felony is a very serious crime. The term “felony” usually means a crime that can lead to more than one year in prison, and “aggravated” means it’s considered worse under immigration law.
Examples include murder, drug trafficking, and certain types of theft. If you are convicted of an aggravated felony, deportation is almost certain, and it’s very hard to fight against it.
Even if a crime seems minor under Florida law, it could still be considered an aggravated felony for immigration purposes.
Drug-Related Crimes
Crimes involving drugs are some of the most common reasons for deportation. This includes possessing, selling, or trafficking drugs. Even being caught with a small amount of an illegal drug can lead to deportation proceedings.
Florida has strict drug laws, and getting convicted of any drug crime could put you at risk of deportation.
For green card holders, drug convictions can be particularly damaging, as they can lead to the loss of your permanent resident status.
Domestic Violence and Related Crimes
Domestic violence is a serious crime that can also lead to deportation. This includes physical violence against a spouse, child, or other family members. Stalking and violating a restraining order are also considered serious offenses. If you are convicted of domestic violence, even if it’s your first offense, you could be deported.
For example, if an argument at home turns physical and leads to an arrest and conviction, that could be enough to start the deportation process. These crimes are taken very seriously by both the criminal justice system and immigration authorities.
Firearms Offenses
Owning or using a gun illegally can also get you deported. This includes having a gun without the proper license or using a gun in a crime. Florida has specific laws about who can own a gun, and if you break these laws, it could lead to deportation.
For non-citizens, even being in possession of a firearm under certain conditions can result in deportation proceedings. It’s crucial to understand and follow all firearm laws if you are not a U.S. citizen.
The Legal Process of Deportation From Florida
If you are arrested and charged with a crime in Florida, the legal process can be overwhelming. It’s important to understand what happens next and how it can affect your immigration status.
You Will Be Arrested & Charged
When you’re arrested, the police will charge you with a crime. Once you’re charged, the clock starts ticking on your immigration status.
If the crime you’re charged with is one that can lead to deportation, you need to act quickly.
Your best defense is to hire a criminal defense lawyer who understands immigration law and has experience fighting these charges.
They can help you navigate the legal system and possibly avoid a conviction that could result in deportation.
There Will Be Immigration Court Proceedings
If you are facing deportation, your case will be heard in immigration court. Here, a judge will decide whether you should be deported. This process can be complex, and it’s essential to have a lawyer by your side.
In court, the judge will look at your criminal record and the details of your case. If you’ve been convicted of a crime that makes you deportable, the judge may order your removal from the U.S.
However, there might be ways to challenge the charges or the deportation order, which is why having legal representation is critical.
What Are The Possible Outcomes in My Case?
The outcome of your case can vary. In some cases, you might be able to stay in the U.S. if you can prove that being deported would cause extreme hardship to your family.
In other cases, you might be allowed to leave the U.S. voluntarily, which could make it easier to return in the future.
However, if the crime is serious enough, or if you have multiple convictions in Florida, you could be deported with little chance of coming back. Understanding the possible outcomes is key to preparing your defense.
Why Do I Need a Pensacola Criminal Defense Lawyer?
When facing charges that could lead to deportation, a criminal defense lawyer is crucial. They work to prevent convictions or reduce their impact on your immigration status.
A Pensacola defense lawyer might negotiate a lesser charge or a plea deal to keep you from being deported.
Even if convicted, they can help manage immigration consequences, represent you in court, and seek waivers that allow you to stay in the U.S. despite the conviction.
Call Attorney Mitkevicius to Fight Your Criminal Charges
Facing criminal charges that could lead to deportation can affect every part of your life. However, a conviction is not inevitable. An experienced and dedicated criminal defense lawyer can make a significant difference in your case.
A skilled defense lawyer in Pensacola will carefully review the charges and evidence against you, challenging the prosecution’s case to protect your rights. They will work to dismiss or reduce the charges, seek more favorable outcomes through a plea agreement, or defend you in court if necessary.
Lead attorney Josef Mitkevicius, a Georgetown University Law Center graduate, has the experience and knowledge needed to defend against criminal charges in Pensacola, FL. He understands the stress and uncertainty of facing deportation and will guide you toward the best possible outcome.
Don’t Face Your Charges & Deportation Alone — Call Today
Criminal convictions can lead to uncomfortable circumstances, especially as a non-citizen. If you are forced to leave the country, you could be leaving your loved ones behind. You might be barred from returning to the country.
You can fight these charges. Call Mitkevicius Law, PLLC, to review your case and get started on your defense. We are skilled and dedicated attorneys, and we understand how stressful these situations are.
With 10+ years of experience and a record of success in criminal defense, contact a Pensacola criminal defense attorney or call 850-361-2142 for a free consultation.
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