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Avoid immigration risks from your Virginia DUI prosecution
Avoid immigration risks from your Virginia DUI prosecution and any other prosecution. As a Fairfax DUI lawyer and Virginia criminal defense attorney, I have been blessed with having been in prior law partnership for ten years with a top-notch immigration lawyer, and having consulted many...
Two DWIs risk immigration says Northern Virginia DUI lawyer
Two DUI convictions are a headache for anyone, and definitely should be avoided by those who are not United States citizens. As a Northern Virginia DUI lawyer who has repeatedly defended non-United States citizens, I know that immigration risks always need to be considered in...
Moral Turpitude Convictions Can Sink Immigration Status
Fairfax criminal lawyer on the ongoing crimmigration minefield of criminal convictions for non-United States citizens. Moral turpitude convictions (also known as crimes involving moral turpitude ("CIMT")) and aggravated felonies present serious immigration risks for non-United States citizens. As a Fairfax criminal lawyer, I repeatedly deal...
DUI convictions & public intoxication convictions bring immigration risks
DUI convictions (see here) & public intoxication convictions (see here) bring immigration risks for those who are not United States citizens, at least for those with multiple alcohol-related convictions.
Crimmigration – Virginia criminal lawyer on prosecution risks for immigrants
As a Virginia criminal lawyer, it is essential for me to be sensitive to the specific affects of Virginia criminal and DUI case dispositions and sentences on immigration status. Northern Virginia and the greater national capital region have a high percentage of non-United States citizens...
Criminal lawyers must not misadvise on immigration risks
On June 23, 2017, the Supreme Court expanded upon Padilla, by confirming that it is ineffective assistance of counsel under the Sixth Amendment for a criminal lawyer to misadvise his or her client that a particular conviction or sentence will not carry adverse immigration consequences. Jae...
Criminal Law and Immigration – Importance of Asserting the Fifth Amendment by Undocumented People
With the Trump administration likely will come a continued increase in immigration raids. Hopefully the subjects of those raids will know their Fifth Amendment right to refuse to state their immigration status. This all reminds me of my immigration law professor's emphasis on the importance...
Criminal law & immigration – Keep state & local governments out of enforcing federal immigration law
Every time I visit a client in the Fairfax County, Virginia, jail evening lawyer visiting section, I cringe over the first of three booths, with a sign that it is reserved for ICE (immigration and customs enforcement) interviews. I cringe not because this means that...
Treating criminal defendants as individuals: The military court and immigration consequence examples
Too many criminal court judges and prosecutors see criminal defendants more as numbers than individuals. To treat them as individuals might incline them to allow more time for each case in the face of bursting court dockets, and will make them have to more directly confront...
4th Cir.: Only the four corners of the court record may be used to make a crime of moral turpitude determination for immigration purposes
When a criminal defense lawyer consults with a qualified immigration lawyer conversant with adverse immigration consequences from criminal convictions, expect to hear the immigration lawyers’ analysis include risks from crimes of moral turpitude and aggravated felonies. Praised be the majority on the Fourth Circuit panel...