Drug charges leading to a plea agreement or a conviction, more so than many other criminal offenses (except aggravated felonies), can have long lasting repercussions, especially for non-immigrants, immigrants and undocumented individuals living in the United States.
In fact, even a plea agreement for a minor charge of possession of paraphernalia or possession of marijuana, in which most criminal courts offer a plea deal of deferred adjudication with a dismissal of the charges, can lead to theremoval of these individuals from the United States. That is why it’s important to immediately consult with an experienced immigration lawyer who understands criminal charges and criminal consequences once you, or a person you know, is arrested on any type of drug related charge. A qualified Immigration lawyer will be able to fully understand the future consequences of the charge and what life-altering consequences will occur if you are found guilty at trial, agree to a conviction or enter into a plea agreement.
Leading to Deportation
In this day and age, a drug possession charge such as personal use marijuana or cocaine can be seen as a minor offense. And the courts today, more often than not, will adjudicate this type of minor offense with a plea deal. If the plea deal is offered with deferred adjudication and a later dismissal of the charges, these charges are normally not seen as a conviction through the eyes of society and the criminal court system. However, under the Immigration and Nationality Act (INA), the Federal government and those agencies that enforce these laws – such as the Customs Border Patrol (CBP), the Executive Office of Immigration Review (EOIR), the Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) – take a drastically different viewpoint on these plea deals, as even a charge that is dismissed, under the INA, is considered a conviction. And that conviction can lead to the inadmissibility, removability or deportability of an individual attempting to remain in the United Sates. In fact, the federal government views all drug-related offenses as inadmissible, removable or deportable offenses.
Therefore, anyone, particularly those who are non-U.S. citizens, should think carefully before entering into any type of deal for a drug-related offense.
Loss of Job and Driving Privileges
In most states, entering into a conviction for a drug-related offense, even if a misdemeanor or a minor offense, can lead to the loss of your job. Many companies now have policies prohibiting employees from being convicted of, or entering into any plea deal, for a drug-related offense. And to top that off, drug-related charges also lead to the loss of driving privileges which can also lead to the loss of your job if you have no transportation to work or require your car or the use of a vehicle as part of your job.
Considerations to Take Before Entering into a Plea
Before you agree to enter into any plea deal, especially for any drug-related offense, you and your immigration lawyer should sit down and discuss the immigration consequences and other detrimental circumstances which could occur if you take the deal. And, there may be a way to fight your charges in trial based on the type of drug found, where and how it was located, who was the responsible party for the home or vehicle where the drug was found, language barriers and officer bias. What is important to remember is that for any plea deal, that deal is considered a conviction in the eyes of the law. Therefore, it may be best to try to win your case in trial by using a qualified immigration/criminal attorney to represent you throughout the trial process.
Language Barriers in Entering into a Plea Deal
It is possible, due to language barriers, that an individual may enter into a plea agreement without reading the court’s plea paperwork. And, included in this paperwork will be Noticethat immigration consequences can occur if you enter into or take the plea. That is why it is important to ask for the plea language to be translated for you and it is important that you read the language before you enter into the agreement. It is also best to consider all legal actions and all relevant information in order to avoid unpleasant outcomes later on, which could include your removal or deportation from the United States and your separation from your loved ones.
If you, a loved one or someone you know has been charged with a crime including any drug-related offense and if you need further advice or legal representation, please contact the immigration lawyers at Goldstein & Scopellite, PC, before entering into any agreement which may jeopardize your immigration status. Goldstein & Scopellite, PC has law offices in Dallas, Texas and Tucson, Ariz.
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Goldstein & Scopellite, PC, is located in Dallas, Texas and was established in 2002. For more information, see our local listing in D Magazine.
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