Grace’s FAQ on Criminal Law Immigration Issues Grace Gómez Molinaro has extensive experience both at the research and practical levels in handling cases where immigration and criminal law intersect. Grace frequently collaborates with criminal attorneys on these issues. For any non-citizen involved in a criminal matter, it is imperative to know the potential immigration and criminal law consequences of a criminal case as early as possible and plan accordingly.
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Grace frequently collaborates with criminal practitioners during the criminal phase of a case, often starting as early as the day of the arrest. This proactive approach allows her to stay several steps ahead of the system, ensuring that potential immigration consequences are carefully addressed.
By working closely with defense attorneys, she identifies critical issues early, provides strategic guidance, and helps mitigate risks that could negatively impact a client’s immigration status. Her extensive knowledge and experience ensure that clients receive a comprehensive defense strategy that protects both their legal and immigration interests, paving the way for the best possible outcome.
- Criminal counsel is well-prepared with a clear strategy, knowing precisely what aspects to challenge during depositions, enabling them to effectively undermine opposing arguments and strengthen the client’s defense.
- Criminal counsel is fully aware of the strengths and weaknesses of the immigration case, enabling them to strategically prepare and address potential challenges to ensure a robust and effective defense.
- A determination can be made on whether bail should be posted if there is an immigration hold, helping to prevent unnecessary delays. Additionally, the client’s time in jail can be minimized by identifying attainable immigration-safe haven pleas that protect their status.
- Grace Gómez Molinaro provides invaluable support to criminal counsel in effectively defending non-citizen clients. Her guidance helps ensure compliance with professional standards, avoiding potential Bar complaints under Padilla v. Kentucky and Lozada while safeguarding the client’s immigration future.
The Immigration Side of Criminal Law
One of the most important differences between immigration and criminal law is that there is often no clearly defined law on when a non-citizen will or will not be deported after a criminal conviction. Since the attacks on September 11th, there have been increasing efforts by the government to “secure our borders.” This equates to two things: tighter security at our ports of entry, and an enhanced communication system between our penal institutions and the Department of Homeland Security/Immigration and Customs Enforcement (ICE).
While in the past, non-citizens with prior criminal convictions have been able to travel internationally and continue to maintain their legal status in the U.S., this has changed dramatically. Nowadays, if a non-citizen is charged with a new crime, regardless of whether it is a felony or misdemeanor, conviction could lead to deportation. Moreover, past U.S. and foreign convictions can now lead to detention at ports of entry. Jails and prisons often have an ICE inspector on the premises who will ask your client about his immigration status and possibly even serve him with immigration paperwork while still in custody.
Protect Your Rights with Expert Immigration and Criminal Law Defense
Navigating the intersection of immigration and criminal law is complex—but you don’t have to face it alone. At Gómez Immigration our experienced attorneys provide strategic guidance to protect your future, minimize risks, and fight for the best possible outcome.