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(954) 344-2889 |
A SERIOUS DEFENSE FOR SERIOUS CHARGES™ | ||
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KNOWLEDGE, EXPERIENCE
& PREPARATION - THE KEYS TO A SUCCESSFUL DEFENSE!
The effects of a conviction of a crime involving "moral turpitude" (also known as CMT) can mean deportation for any non- U.S. Citizen under certain conditions. Resident aliens (those with green cards) who have been living here for many years can find themselves deportable or if they leave the U.S. and then attempt to reenter, be held for deportation hearings. Although there is no specific definition of "moral turpitude", generally theft (including petty) and violent offenses classify. A felony may be classified as an "aggravated felony" and subject an alien to immediate deportation if convicted. Certain acts of Domestic Violence can be classified as an aggravated felony (even though it may be charged as a misdemeanor) for immigration purposes. Therefore, if you are a non- U.S. citizen and you have been charged with a crime, it is imperative immediate seek legal advice and that you advise your lawyer that you are not a citizen. It is equally important that you seek a lawyer who is willing to fight for your rights to have the charges reduced, amended, dismissed or if necessary take the case to trial to win. Post conviction relief may also be an option and this usually involves trying to reopen a closed criminal case, for example, vacate a plea or sentence on various different legal grounds. A "withhold of adjudication" IS A CONVICTION for immigration purposes (8 U.S.C. § 1101(a)(48)(A)). So while this may be an acceptable alternative for a U.S. citizen in some cases, it may not be for an alien.
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Copyright© 2010, Michael A. Mermer, PA. All Rights Reserved. "The hiring of an attorney is an important decision and should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications." |