If you are not a United States citizen, and have been charged with a crime in Massachusetts it is important to understand how your decisions could affect your status within the United States. This is true for any type of criminal charge, from very simple misdemeanors such as Driving Without a License, to OUIs, to serious narcotics felonies. The reason for this, is that the depending on the charge and disposition you could face deportation – even if you are a permanent resident who has been in the country for years. Recently, the courts have begun to take measures to ensure that everyone is advised of potential issues. For instance, every person who elects to take a plea in Massachusetts District Courts must be advised of the following by both their lawyer and the judge before the court can accept the plea:
“I understand that if I am not a citizen of the United States, the acceptance by this court of my plea of guilty, plea of nolo contendere, or admission to sufficient facts may have consequences of deportation, exclusion from admission to the United States, or denial of naturalization, pursuant to the laws of the United States. If the offense to which I am pleading guilty, nolo contendere, or admitting to sufficient facts is under federal law one that presumptively mandates removal from the United States and federal officials decide to seek removal, it is practically inevitable that this disposition would result in deportation, exclusion from admission, or denial of naturalization under the laws of the United States.”
However, simply being warned isn’t enough. While the federal government has continued to be consistent with how they are choosing what crimes to deport people for, federal law differs from Massachusetts law in many instances. For example, in Massachusetts, you may be able to get a disposition of a Continuance Without A Finding (CWOF) in order to avoid a conviction on your criminal record. However, this type of disposition is treated as a conviction for purposes of deportation. Because of issues like this, it is important to have a criminal defense attorney that understands how the federal government will treat state charges in terms of deportation.
Attorneys DeGiacomo and Mikhlin are experienced Massachusetts Criminal Defense Attorneys who have worked with many clients to ensure that they did not run into deportation issues due to charges such as Drug Possession, OUI/DUI, and Assault and Battery. Attorneys DeGiacomo and Mikhlin also have a network of experienced immigration attorneys that they work closely with when representing non-citizen clients.
If you have been charged with a crime in Massachusetts, call DeGiacomo & Mikhlin, P.C. today to ensure that your rights are protected.