Crimmigration

York Crimmigration Defense Attorney

Helping Lawyers and Immigrants Fight Legal Charges

Being charged with a crime is a frightening, stressful endeavor no matter the circumstance, but gaining a criminal record as a noncitizen – or as a lawyer representing them – can lead to especially severe punishments warranting experienced legal representation. The term “crimmigration” refers to the intersection of criminal law and immigration policy. In short, it means that your immigration could be endangered if you are charged and convicted of a crime while living in the country as a non-citizen.

A key factor contributing to decisions involving many immigration applications is whether the applicant is of “good moral character” and whether their presence in the United States represents any threat to public or national security. While those criteria can often be stretched at the discretion of United States Citizen and Immigration Services (USCIS) agents, it often comes down to a background check of a criminal record. Noncitizens who have legal status, like a green card, can also have their status rescinded as a result of new criminal convictions.

The bottom line is getting criminally charged in the United States as a noncitizen is a serious matter, and the stakes may never be higher. Our York crimmigration defense lawyer at The Law Office of Rosina C. Stambaugh can help fight your charges and do everything possible to protect your immigration status. We understand the seriousness of even relatively small crimes and have experience helping Pennsylvania clients triumph against and even vacate charges in numerous state courts.

Give yourself a fighting chance by retaining experienced legal representation. Call 717-900-1818 or contact us online to get the legal assistance you need in your crimmigration case.

How Our Crimmigration Services Work

When you are a noncitizen accused of a crime, your first step should be to hire a qualified attorney to represent you in your case. The sooner you do this, the better. Attempting to face criminal charges alone is not recommended in any scenario, much less one where your immigration status could be jeopardized.

The first step of working with our firm is for us to perform a thorough evaluation of every facet of your situation. We will review every potentially relevant detail, including how you first entered the country, what your current status is, how that status was obtained, and what familial relationships in the country exist.The specifics of your status and the steps you took to get there will be paramount in shaping our legal strategy and will likely determine what solutions will be available.

Often, we will request to meet with the client’s family. The reasoning for this is twofold: One, we want to get a full picture of the client’s life here in the United States. Two, familial ties in the United States can, in some situations, keep a noncitizen from being deported, particularly when the removal would trigger extreme hardship for the family they would be leaving behind.

Next, we will review the entirety of the criminal case. This will include assessing charging documents, any testimony, and any priors on the criminal record. We will also consider the implications for a possible deportation proceeding. A Notice to Appear (NTA), the legal document that instigates a potential removal, will contain specific information justifying why a noncitizen should be expelled from the country. It is important we anticipate how specifically the NTA will be supported and proceed with your criminal case thusly. The NTA could stem from the charge itself, a sentence that will result from a conviction, or the type of status you currently have and the length in which you have had it.

From here, our office will prepare legal solutions aimed at getting you the most relief possible. We always strive to reduce the negative consequences of any crimmigration case, but be aware our ultimate goal is to keep you in the United States with your family and friends. That might mean participating in a plea bargain or carefully negotiating the terms surrounding a guilty verdict. Our York crimmigration defense attorney has a thorough knowledge of the laws and procedures involved and will help you understand what options are available to you.

Defense for Noncitizen First-Time Offenders through the Accelerated Rehabilitative Disposition (ARD) Program

If you have never been accused of a crime before, it is still essential you seek legal representation immediately when charged for the first time. Even a single criminal charge, even for a nonviolent offense, can endanger your ability to stay in the country as a non-citizen.

Luckily, first-time offenders have additional legal solutions available to them to help protect their current status and future immigration opportunities. After performing our thorough review of your situation and case, our team will work to get your charges dropped, a strategy that can often be more successful for first-time offenders.

If we are unable to get your charges dropped, we can instead pursue relief through the state of Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program. Completing this program can help you avoid a conviction and criminal record for certain types of nonviolent crimes. In other words, participation means you will be able to effectively pretend the charge never happened, as it will be expunged from your record. For this reason, completing the ARD program can protect you from deportation and help you remain in the United States.

Types of charges that may be eligible for ARD program relief include:

Vandalism
Petty theft
DUI with no injuries
Disorderly conduct
Furnishing alcohol to minors
Possession of a small amount of marijuana

Vacating Convictions for Noncitizens

If you are coming to us after you have already been convicted of a crime that now threatens your immigration status, we may still be able to help. Our firm is familiar with legal strategies that can work to reopen your case and pursue motions to vacate convictions that threaten your ability to remain in the United States. If we are unable to vacate a conviction and you have received a Notice to Appear, we also provide deportation defense services.

If you were previously convicted and are currently either serving time or are on probation, we can also explore filing a Post Conviction Relief Act petition (PCRA). These petitions can be filed up to 1 year following the original conviction and can help reexamine elements of the original case, including ineffective counsel, in pursuit of overturning the initial decision. We can advise if filing a PCRA petition makes sense for your situation, especially if doing so could help keep you in the country.

Our Legal Services for Immigration Defense Lawyers

Immigration defense attorneys have an obligation to dutifully represent their clients and advise on appropriate decisions that can help them live and work in the United States. Sometimes, legal representatives can be charged with criminal offenses in immigration cases, especially in situations where their client has been accused of fraudulent behavior. Our York crimmigration defense lawyer has experience assisting criminal attorneys and their clients facing criminal charges.

We Can Fight to Keep You in the United States

Facing a criminal charge can quickly jeopardize your ability to remain in the country, even if you have done everything else right and by the book. Even first-time offenders for minor crimes can quickly find themselves in removal proceedings. Our team at The Law Office of Rosina C. Stambaugh is committed to helping find relief for noncitizens facing or convicted of criminal charges through innovative legal solutions. We can help defend you against criminal charges or work to vacate existing convictions as a means to keep you with your friends and family in the United States. We are compassionate to the gravity of your situation and will explore every possible legal option to protect your future in the country.

Schedule a comprehensive consultation to see how we can help you in your crimmigration case. Call 717-900-1818 or contact us online today