Immigration Issues & Criminal Defense
Anyone who is not a U.S. citizen faces possible deportation if convicted of criminal charges. Boston criminal charges and immigration defense lawyer David Yannetti and his associates understand the fear that the threat of deportation can evoke in an immigrant under arrest.
As a long-time Boston criminal defense lawyer, attorney Yannetti has represented countless immigrants against criminal charges. He is not an immigration lawyer, but he is skilled at this type of complex criminal defense that intersects with immigration law. Attorney Yannetti regularly refers his clients with immigration issues to the top immigration lawyers in Boston. If our clients already have an immigration attorney, we stand ready to coordinate legal services with that attorney when representing immigrants charged with criminal offenses. We take special care to consider the immigration consequences of criminal charges.
Criminal Charges May Lead To Deportation
Under U.S. immigration law, certain criminal offenses are “per se” deportable. These include drug distribution and domestic violence. This means that the immigrant will automatically face deportation upon conviction, oftentimes without much of a chance to make a counterargument. Other types of criminal charges are not per se deportable under immigration law. Attorney Yannetti and his associates understand the importance of examining the effect on immigration status of the precise criminal charges. We have enjoyed success over the years in negotiating pleas to different criminal charges that are not as likely to result in deportation.
An Admission May Be the Same As Pleading Guilty
There is sometimes a misconception that the type of plea is relevant to immigration status. For example, non-citizen defendants may believe that by admitting to sufficient facts — as opposed to pleading guilty — they may avoid the harsh immigration consequences of a felony charge. After all, the admission to sufficient facts often leads to a “continuance without a finding of guilt,” which often leads to a technical dismissal of the charges. For non-citizens, however, admission to sufficient facts is usually as bad an outcome as a guilty finding. Immigrants should work with a criminal defense lawyer who knows how to coordinate defense of criminal charges with immigration considerations — and someone who is accustomed to working closely with immigration attorneys.
Attorney Yannetti and his associates also work with immigrants to reverse old convictions in order to prevent deportation. If you received improper advice about immigration consequences of your criminal charges, and are facing deportation as a result, our attorneys may be able to help. To maintain your legal status in the United States, it may be worth consulting a criminal defense lawyer about challenging an old conviction.