Founding Partner at Winters & Chidester Criminal Defense Attorneys, PLLC
Answered a year ago
Clients often post a bond without knowing that will result in them being sent to immigration custody. They may have to assert a removal defense with very little time to prepare, or they may be deported with a warrant for their arrest since they did not resolve their criminal matter. I have a client who was recently granted a bond reduction because the State was not prepared for trial. Once the family posted that bond, he was sent to immigration, but then sent to Federal custody for an Illegal Reentry case. The original criminal Judge then increased his bond because immigration cut off his ankle monitor, which was seen as a bond violation. He is currently in Federal custody with both an immigration hold and a criminal hold. Will he serve out his Federal time and then get deported? Will he serve out his Federal time and then be sent back to criminal court? Who knows! Often, my clients have to find money to hire a criminal lawyer as well as an immigration lawyer. Sometimes they have to go with a court appointed criminal lawyer because they cannot afford to hire both types of lawyers. These are difficult choices in difficult times.
One major challenge in defending clients facing both criminal and immigration consequences is the disconnect between criminal law outcomes and how immigration authorities interpret those outcomes. A suspended sentence or even a fine might seem minor in criminal court, but it can lead to deportation or inadmissibility under immigration law. I once represented a client charged with theft—his plea deal involved no jail time, but the charge was classified as a 'crime involving moral turpitude' under immigration regulations. We had to coordinate closely with an immigration lawyer, filing post-conviction relief to reclassify the offense. This experience reinforced the importance of anticipating immigration fallout before accepting any plea, no matter how favorable it appears in court.
In my day to day practice I am constantly dealing with clients where their criminal records are preventing them from obtaining a visa or citizenship. Its pretty common for professionals to get arrested for the possession of small amounts of class A drugs. Although often the client might have avoided a prosecution by accepting a police caution, the consequences of a police record for the possession of class A drugs can be far reaching. A relatively minor record like this can prevent a visa or green card from being issued, leading to lost job opportunities and the separation from loved ones.