For non-citizen clients, facing criminal charges in the United States can have severe and far-reaching consequences, including deportation, ICE detention, and long-term bans on reentry. This is where the collaboration between criminal defense and immigration attorneys becomes essential. By working together, these attorneys provide a powerful, unified approach that addresses both criminal and immigration issues, ensuring the best possible outcome for their clients. In this article, we explore how defense and immigration lawyers can combine their expertise to offer comprehensive advocacy, protect client rights, and navigate the complexities of both legal fields.
For non-citizen clients facing criminal charges, the risks are high, not just in terms of criminal penalties, but also in the risk of deportation, detention by ICE, and long-term barriers to reentry into the United States. This is where the collaboration between a defense attorney and an immigration attorney becomes not just beneficial but essential.
A defense attorney and an immigration attorney can work together effectively by using a collaborative approach. The criminal attorney brings a deep understanding of criminal law that the immigration attorney may not have, while the immigration attorney offers expertise in immigration law. This dual expertise ensures that the client’s goals in their criminal case and their current or future immigration status are protected. This article will explore how a criminal defense attorney can benefit from having an immigration attorney on their team.
Criminal and immigration law are two distinct fields, but for non-citizens, they often collide with life-altering consequences. Even probation for certain minor crimes under state law may have severe immigration consequences. Once non-citizens are involved in the criminal justice system, they risk deportation, being denied legal re-entry into the United States, or losing lawful permanent residency status. Certain criminal offenses are categorized as deportable offenses under federal immigration law. Thus, criminal defense attorneys would benefit from having an immigration attorney on their team in many ways, such as effectively explaining the immigration consequences to their client.
When a client’s criminal charges may have immigration consequences, it is crucial for both attorneys to collaborate early to discuss pending charges and possible outcomes. While the defense attorney analyzes the criminal side and negotiates possible plea deals, the immigration attorney can research the potential immigration outcomes of those deals, as certain sentences carry automatic deportation risks. Collaborating on plea language and strategy is essential to ensure the client’s immigration status is safeguarded.
One of the most important aspects of criminal defense work is negotiating plea bargains. For non-citizen clients, a plea deal that resolves criminal charges might inadvertently lead to devastating immigration consequences, including deportation or inadmissibility. An immigration attorney can assist in the plea-bargaining process by providing insight into how different pleas will affect the client’s immigration status or offering alternative language to safeguard the client in immigration proceedings. The immigration attorney can suggest alternative charges or lesser-included offenses that carry fewer immigration risks and recommend structured plea agreements that avoid admissions harmful under immigration law.
For a criminal defense attorney representing a non-citizen client, understanding the full range of potential legal consequences is crucial. A criminal conviction can have ripple effects beyond the criminal justice system, affecting a client’s immigration status, employment, family life, and more. Consulting with an immigration attorney before making any decisions that could impact someone’s status in the country is extremely beneficial. Collaboration between both attorneys is paramount in analyzing a criminal case that involves a non-citizen.
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