Defending Against Texas DWI Charges: Strategies to Protect Your Rights
Facing driving while intoxicated (DWI) charges in Texas can be a distressing and overwhelming experience. A DWI conviction cRead More
Immigration status can have a significant impact on criminal defense cases in Texas. Non-citizens, including legal permanent residents, undocumented immigrants, and visa holders, face unique challenges in the criminal justice system, including the risk of deportation and other immigration consequences. In this blog post, we’ll explore how immigration status can impact criminal defense cases in Texas and discuss the importance of knowledgeable and skilled attorneys for non-citizen defendants.
One of the most significant consequences of a criminal conviction for non-citizens is the risk of deportation. Under federal immigration law, certain criminal offenses can trigger deportation proceedings, even if the person has lived in the United States for many years and has family ties in the country. This means that even a relatively minor criminal offense, such as a misdemeanor drug possession charge, could lead to deportation proceedings and permanent separation from family and community in the United States.
Even for non-citizens not subject to removal, a criminal conviction can have other negative immigration consequences, such as making it difficult to obtain or maintain legal status in the United States. For example, a non-citizen convicted of a moral turpitude crime may be ineligible for certain types of visas or be unable to obtain citizenship. These consequences can have far-reaching effects on a person’s life, including their ability to work, travel, and reunite with family.
Because of the potential serious immigration consequences and the complexity of immigration law, non-citizen defendants should always consult with an immigration lawyer about the possible consequences of the criminal charges they face. Defendants should find out from the immigration lawyer the potential impact of the criminal case on their immigration status. Criminal defense attorneys often consult with or work with Immigration attorneys in order to minimize the risk of immigration consequences. In some cases, the criminal defense attorney can negotiate a deal that avoids certain criminal charges or by advocating for alternative outcomes that result in the dismissal of the charges. The non-citizen defendant should never resolve a criminal case without first finding out the potential collateral immigration consequences of the resolution..
Another challenge for non-citizen defendants is the potential loss of immigration benefits, such as green cards or visas. Non-citizens convicted of certain criminal offenses may be subject to removal proceedings or may lose their eligibility for certain types of visas or immigration benefits. This means that non-citizen defendants may face additional pressure to plead guilty in order to avoid detention or other negative immigration consequences. This can make it challenging for non-citizen defendants to navigate the criminal justice system and protect their rights.
Non-citizen defendants may also face unique challenges regarding bail and pretrial detention. In some cases, non-citizens may be subject to mandatory detention by immigration authorities while their criminal case is pending. This can make it difficult for non-citizen defendants to prepare a defense or to communicate with their attorneys. Language barriers and cultural differences can also create challenges for non-citizen defendants, who may be unfamiliar with the criminal justice system in the United States or may have limited English proficiency. This can make it challenging for non-citizen defendants to understand the charges against them or to communicate effectively with their attorneys. If a defendant is detained, a good criminal defense lawyer can always bring a translator to the meetings with the defendant. It is vitally important that the defendant and the lawyer have good communication. The key to good communication is oftentimes utilizing a skilled translator who is familiar with legal issues. The translator might work side by side with the defense attorney throughout the case and during the trial.
It’s also worth noting that the immigration consequences of a criminal conviction can vary depending on the offense. For example, crimes of moral turpitude, such as fraud or theft, can have particularly severe immigration consequences. However, even seemingly minor offenses, such as traffic violations or disorderly conduct, can trigger negative immigration consequences for non-citizen defendants. This underscores the importance of the accused and the criminal defense attorney consulting with immigration counsel.
Non-citizen defendants face unique challenges in the criminal justice system, particularly in Texas, where immigration enforcement is a priority. The potential immigration consequences of a criminal conviction can have far-reaching effects on a person’s life, including their ability to live and work in the United States. That’s why non-citizen defendants must have criminal defense attorneys that work with attorneys that are knowledgeable about immigration law. The criminal defense lawyer should work to minimize the risk of negative immigration consequences while protecting their client’s rights throughout the criminal justice process.
If you or someone you know is a non-citizen facing criminal charges in Texas, it’s important to seek an attorney with experience working with non-citizen defendants. With the right attorney by your side, you can work to protect your rights, your freedom, and your future in the United States.
The client believed to be facing potential Wire Fraud Charges related to SBA PPP loan applications. Investigation of applications for PPP loans and PPP forgiveness demonstrated that the Client had at all times acted in a lawful manner. Investigation demonstrated no fraud was committed by the client. Case closed.
Client was charged by Federal Indictment with making a social media post that threatened Malicious Damage and Destruction of a Building by Means of Fire and Explosives in violation of Federal law. The Defense showed that Client was a law-abiding citizen. The Defense further showed that the alleged threat was not made with any criminal intent.
The client, a public official with a long history of public service, was accused by a former girlfriend of engaging in non-consensual sexual relations. The Defense investigation and analysis showed through a detailed timeline that the allegation made absolutely no sense. Phone records, including calls and texts, were relied on to help establish an accurate timeline. The Defense met with law enforcement and reviewed a detailed package that exonerated the accused.
Client, a Houston area professional who frequently travels for work, was accused by his wife of assaulting her in his family home. Defense showed that wife’s story lacked credibility and there was no physical evidence in support of the wife’s allegation.
The client, a young Black male, was driving his car when police pulled him over for no apparent reason. It looked to be a profile stop. The client was accused of possessing a controlled substance in his vehicle. The Defense showed that there was no lawful basis for the police to stop the Client’s car. The Defense also showed that there was no lawful basis for the search of the Client’s car. It was a bad search, so the seized evidence was not admissible.
Client charged in Federal Indictment In “Operation Wrecking Ball” with 55 named co-defendants. Client faced seven charges. Client was charged with Conspiracy to Distribute Cocaine and Conspiracy to Engage in Money Laundering. Client was also charged with four counts of Distribution of Cocaine and one count of Money laundering.
Allegations involved client’s alleged use of his home to distribute cocaine. Government’s lengthy investigation involved numerous wiretaps, surveillance, video, pole cams, search warrants, vehicle stops and use of cooperating co-defendants.
Client went to trial with four remaining defendants. After a two-week trial, Judge granted Motion for Acquittal on four of the seven charges. Jury found Client Not Guilty of remaining three charges.
Client charged in Federal Court with two counts of Wire Fraud related to Five SBA EIDL loan applications. The Government alleged the client, a Houston professional, defrauded the Small Business Administration out of over $150,000. The Government also found the intended loss was over half a million dollars. The Client faced up to 20 years in prison on each count. The Defense investigated the case and negotiated a deal that included the Government not opposing a probation. The Federal Guideline calculation was for a prison sentence and the Probation Department recommended a prison sentence. Attorney Fickman submitted a 90 page Defense Sentencing Memorandum asking for Probation.
Client was retired professional. Client was accused of being involved in a road rage incident in 1960 Area. Defense put together a 100 page memorandum that demonstrated complainant was actual aggressor.
Client was accused of touching child. Case involved thousands of pages of psychiatric and Child Protective Services records as well as investigations by multiple police departments. After three- year fight, case dismissed.
Client accused of shoving and knocking down family member causing injury. After investigation, charges were dismissed.
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