Strategies And Arguments In Defence
So you are an immigrant with permanent residence who has been arrested and charged in a criminal case. This can be a very frightening place to be because not only may your conviction involve jail time, It might also make you ineligible for naturalisation and may even make you deportable.
Don’t despair! Do your research and look for an attorney with experience in Criminal law as well as immigration proceedings. You are going to have to defend yourself vigorously and a Los Angeles Criminal Immigration Lawyer will advise you that first off you must not say anything without him being present. On no account admit to anything.
The following types of strategies are just some of the ways that you may be defended. All of them are perfectly legitimate.
Firstly, If you are undergoing removal proceedings and have been detained the attorney will seek to get you released. He has to show that you are neither dangerous nor pose any risk of flight. There is a whole raft of legal arguments for and against you getting parole or a bond release and these will be argued out by your attorney.
Secondly they may ask for “Favorable prosecutorial discretion”. In effect this is asking for the charges against you to be dropped or reduced because of the harshness of the consequences of conviction. Again there3 are many legal arguments on both sides but if you have an otherwise unblemished record they might be lenient.
Thirdly he might move to terminate proceedings of a lawful permanent resident charged with inadmissibility after a brief trip abroad. If you have been stopped from re-entry you have an argument that as a permanent resident you have a right to enter.
Fourthly Deny Deny Deny . Deny deportability or inadmissibility
• Deny “alienage”
• Deny “conviction”
• Deny “admission” of offense
• Deny “reason to believe” that individual is a drug trafficker
• Deny “aggravated felony”
• Deny “crime involving moral turpitude”
• Deny “controlled substance offense”
• Deny “firearm offense”
• Deny “crime of domestic violence,” etc.
All of these denials constitute legitimate defenses against removal proceedings. There are many other defenses possible including asking for relief from removal or waivers of inadmissibility, even applying for asylum.
If your case has been adequately researched and argued there is always a way to defend oneself right up until the time that you are actually placed on an airplane.
If you have already been convicted and are still in detention then you may find that with careful study a Motion to Vacate Judgment in CA would work in your case where the lawyer will apply for habeas corpus and proceed from there. These procedures are fairly timing critical so if you believe there is a way for them to work you should get in touch with the Los Angeles lawyers post haste.