Delaware criminal charges and immigration consequences

September 7, 2010


The Federal Government has recently cracked down on immigrants, legal and otherwise, who are convicted of a crime. The consequences of a conviction can lead to deportation and long term incarceration at a federal prison while awaiting results of an immigration hearing.

Based on a recent United States Supreme Court decision, Padilla v. Kentucky, it is now essential that every non-citizen be advised of his or her immigration consequences at the time a plea is entered.

Many attorneys have heard that a plea under 1 year of incarceration, or a misdemeanor will resolve all issues, this may or may not be the case depending on the charge or the clients criminal history. The many pitfalls or potential expections based on the client require this in depth review.

In my law office I use a former federal immigration prosecutor to assist during the entire process to ensure that my clients are fully aware of any issues that will result from a plea. This in depth review helps to insure that the client doesn't get more then they plea bargained for.