GUILTY OR NOT GUILTY?
Before you answer that question in front of a judge consider this: US citizens may go to prison for certain crimes however non-citizens can be ordered removed from the U.S. Your attorney may forget to warn you but it will be your responsibility to know. So before you plead guilty or not guilty, read on.
A criminal conviction may give the government the authority to deport or remove a non-citizen. A plea of guilty or no contest can result in a conviction. Once convicted, immigration agents can begin removal proceedings for all who are not U.S. citizens. It won't matter whether you already served time in jail. The law gives the government permission to start removal proceedings after a conviction.
There is severe distress and emotional pain when one finds out that after serving time in jail, immigration agents can come in and detain you some more. We see disbelief. Many are shocked at the double penalty. Not here. Not in America. How can this happen in a country where freedom reigns? Unfortunately immigration laws are harsh. And this is happening all over the U.S.
The criminal law attorney must plan the case with an eye towards preventing deportation or removal. Nothing is guaranteed. That's just a fact of life. But you get the best possible chance of success if prudent planning is done at the outset. Some criminal law attorneys believe that it's not their job to protect the immigrant from deportation. But this is not true. During the criminal proceedings, a lawyer has the affirmative responsibility to insure that he investigates and give correct advice concerning any potential for deportation. It is not only in the professional code of ethics but it is also the right thing to do.
There is a state law that says there a defendant must be warned about immigration consequences before he pleads guilty or not guilty. The defendant must be admonished that he may be deported or removed if he pleads guilty. If there is no record that one was advised or warned about possible removal, there is a chance that the court order can be reversed or vacated.
To get a court order vacated or reversed is a very complicated legal maneuver. And if one succeeds, there a possibility that the District Attorney can re-prosecute the case. If this happens then you're back in criminal court. But the risk may be worth taking if the case is carefully planned with a legal expert on hand.
It's easier now to be deported from the U.S. The expanded definition of "aggravated felony" made felons out of immigrants for relatively minor nonviolent offenses, such as writing bad checks or for shoplifting. People who are charged with these minor offenses should not just plead guilty "just to get it over with." Non-citizens should heed this warning. Don't plead guilty until you're fully informed.
