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Deportable Crimes

JBABB Criminal Defense Attorneys > Deportable Crimes

Can an Arrest Trigger Immigration Consequences in Texas?

Can an Arrest Trigger Immigration Consequences in Texas?

If you are not a US citizen, one false move can place your ability to remain in this country in danger. Noncitizens can face deportation or inadmissibility if convicted of certain crimes. Unfortunately, even just an arrest can raise a red flag to authorities and could potentially affect your legal status in the US. You can help prevent that from happening by learning a little about your rights and the procedures for detaining and prosecuting noncitizens.

 

Know Your Rights

 

If you are arrested, you have a right to remain silent. Local law enforcement is permitted to ask about a lawfully arrested individual’s immigration status, but you have a right to refuse to answer. No matter the circumstances, it’s best to invoke your right to remain silent, decline answering questions about your legal status in the US and say you’d like to speak with an attorney.

 

Triggering Interest and Immigration Consequences

 

After an arrest, you may be booked into a county jail. During the booking process, your fingerprints will be taken, which then follow a chain of command to the US Department of Homeland Security. At that point, US Immigration and Customs Enforcement (ICE) can issue a detainer request to hold you in custody for up to 48 hours or ask to be notified when you are released. This most commonly occurs after the booking process and identify verification, but ICE can issue detainers at any point when you’re in custody.

 

Also please note that federal authorities are cracking down hard on specific criminal activities, such as drug and human trafficking. If you are arrested for one of these offenses, you could face swift action from the federal government. While many offenses can trigger deportation, high-watch ones like drug trafficking usher in more aggressive action.

 

Trouble in Custody

 

Facing criminal proceedings as a noncitizen can be fraught with complications, due in part to the involvement of both state and federal authorities. And it could become even more complicated when you’re released from jail. Paying your bond to the county court will secure your release from county jail. If ICE issued a detainer or was notified of your release, however, you could be picked up and taken to an immigration detention facility. In light of this fact, try to speak with an attorney before you are released.

 

When Removal Proceedings Can Start

 

Removal proceedings can be initiated at any point while you are facing criminal charges, even while you are still in local custody. And whether you are convicted or found not guilty, incarcerated or put on deferred adjudication, ICE can detain you. The interplay between state and federal authorities is problematic, as local law enforcement retain certain rights regarding their decision to cooperate with ICE. But those rights are under fire and are actively being fought against.

 

Get a Legal Advocate on Your Side

 

The bottom line is an arrest can trigger immigration consequences, potentially even if you have a green card or a visa. Don’t face criminal charges alone if you don’t have full citizenship. Contact a Dallas-Fort Worth criminal defense attorney immediately if you’ve been arrested. Do not wait until charges are filed or you are released. Promptly involving a criminal defense attorney is the only way to ensure you have every possible chance of avoiding immigration consequences and preserving your legal status in the US.

 

If you are facing charges for a crime in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on how to defend your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

The Effect of an Affirmative Finding of Family Violence (AFV)

The Effect of an Affirmative Finding of Family Violence (AFV)

The Aftermath of Family Violence

 

A conviction for an offense involving family violence can restrict your rights, affect your employment prospects and raise the stakes should you commit a subsequent offense. And those consequences are not limited to assault family violence convictions. A judge may also make an affirmative finding of family violence (AFV) in cases such as assault or sexual assault if the evidence establishes family violence was involved. Regardless of your specific charge, an AFV will remain a blemish on your criminal record indefinitely. Understanding the effects of an AFV requires we first understand how Texas defines family violence.

 

Under Texas Family Code §71.004, family violence is:

 

An act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself.

 

Enter the AFV

 

Certain offenses necessarily indicate family violence (e.g. assault family violence). But many other crimes against persons can involve family violence, such as assault, sexual assault and unlawful restraint but are not exclusively designated as family violence offenses. If convicted of any offense under Title 5 of the Texas Penal Code, however, the court can include an AFV in the judgment, which means family violence was involved. The AFV is then noted in your record and can have the same effects as a conviction for a family violence offense, including:

 

If the judge makes an AFV or the crime involves family violence in any way, the defendant is ineligible to petition for an Order of Nondisclosure for that specific offense or any subsequent offenses, no matter the nature. Please note that the judge is not required to make an AFV to render a defendant ineligible for a Nondisclosure. Trust us when we tell you this consequence alone is reason enough to fight your charges to the fullest extent. Unfortunately, the adverse effects of an AFV do not stop there.

 

The court can also use a prior conviction with an AFV as cause to enhance the sentencing for any future offense involving family violence. If you are convicted of sexual assault, for example, where the judgment included an AFV, you could face an “enhanced” (i.e. harsher) sentence if you committed another offense involving family violence in the future. Typically, this means your offense will be charged as a felony.

 

Among the other collateral consequences of an AFV include:

 

  • Loss of firearms rights (under both Texas and federal law)
  • Loss of the ability to be a managing conservator or joint conservator of a minor child
  • Loss of the right to foster or adopt a child under Texas law, and
  • Potential effects to your legal status in the US

 

Facing Charges for a Crime Involving Family Violence? Find a Legal Advocate Now!

 

AFV is sometimes used as an enhancement in assault cases, which raises the stakes of the conviction. If you are facing charges for a family violence offense, assault or any crime against persons, you need to contact an experienced Dallas-Fort Worth family violence defense attorney immediately. These cases are worth fighting due to the tremendous potential to damage your reputation and limit your rights. A seasoned family violence defense attorney can evaluate your case and advise you how to proceed with the goal of avoiding a family violence conviction or an AFV and the dire consequences that follow.

 

If you’re facing charges for a crime involving family violence in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to clear your name. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.

 

5 Deportable Offenses You Might Not Know About

5 Deportable Offenses You Might Not Know About

Anyone facing criminal charges may be rightfully concerned with incarceration, fines and incurring a permanent criminal record. For noncitizens, however, these serious consequences are just the beginning. Noncitizens can face potential immigration consequences, including deportation or inadmissibility if convicted of certain crimes. To better understand how criminal charges can affect your immigration status, let’s take a look at five deportable offenses that could lead to deportation as well as the broad categories of crimes that impact immigration.

 

Convictions That Could Affect Your Immigration Status

 

Generally speaking, under US immigration law, an immigrant can face deportation or inadmissibility if convicted of certain crimes, mainly crimes of moral turpitude and aggravated felonies. Crimes involving moral turpitude (CIMT) are crimes that typically involve an intent to cause bodily injury, permanent deprivation of property, lewd intent, recklessness, fraud or deceit. Aggravated felonies are less clearly defined and can include crimes such as murder or certain crimes involving a deadly weapon or destructive device. Both these categories of crimes can be difficult to pin down, as their definitions under Texas law and U.S. immigration law may not be identical. But, to give you a general idea, examples of crimes that could potentially affect your immigration status and lead to deportation include:

 

  1. Family Violence (i.e. Domestic Violence)
  2. Child Abuse or Neglect
  3. Violation of a Protective Order
  4. Stalking
  5. Failure to Register as a Sex Offender

 

This list is only a snapshot of the many criminal convictions that can lead to deportation, many of which are relatively common crimes. The bottom line is you never know how a criminal charge could impact your ability to stay in or return to the US until you’ve spoken with an attorney.

 

Don’t Face Charges for Deportable Offenses Alone

 

It’s vital for any Texan facing criminal charges to speak with an attorney. The consequences of a criminal conviction are severe and far-reaching. Noncitizens face a potential impact on their immigration status, depending on the nature of the offense, how long they’ve been in the US and many other factors. Thus, if you are a noncitizen concerned about criminal charges, you need to talk to an experienced Dallas-Fort Worth criminal defense attorney right away. Specifically, find an attorney who will aggressively protect your rights.

 

Navigating these types of cases can be difficult—if not impossible—to do on your own. Find an attorney whose goal is to obtain a dismissal or an outcome that would otherwise preserve your legal status in this country. This will require an intimate understanding of the nuances in Texas criminal statutes.

 

If you are facing charges for deportable offenses in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on the best course of action to protect your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email team@jbabblaw.com, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.