Tuesday, April 27, 2010

Immigration consequences of a Criminal Case

Orlando Immigration & Criminal Defense Lawyer

If you are not a United States citizen, and you are charged with a crime, the immigration consequences of a conviction could prove to be far more severe than the immediate court consequences. Unfortunately, many criminal attorneys do not know the immigration consequences that even minor criminal convictions can have on a non-citizen. Because of the serious immigration consequences of many criminal convictions or even pleas resulting in dismissal, most jurisdictions recognize that effective criminal defense of a non-citizen often goes well beyond the typical criminal defense. At the Law Office of Corey Cohen we provide the effective criminal defense a non-citizen requires.

Immigration Hold while the Case is Pending
If you are not a United States Citizen and you are arrested for a crime, the office of homeland security may put an immigration hold on you which is sometimes known as an ICE hold. This means that you will not be able to bond out of jail while your case is pending. You need a lawyer who can talk with homeland security and negotiate a way to have this hold removed pending resolution of your case. Immigration can put a hold on you for any charge, even a misdemeanor

Potential for Deportation
Remarkably even misdemeanor convictions with no jail time can result in the deportation and permanent exclusion of a non-citizen. If you take a plea or get found guilty at trial, even if the criminal court does not convict you of the charge for immigration purposes it is a criminal conviction. This same result occurs even with residents that have been in the United States for decades, established businesses, purchased homes, raised families and had no other prior legal problems. It is surprising to learn that relatively minor charges can result in deportation while far more serious crimes have no immigration consequences at all. The immigration consequences depend on the classification of the crime.

Charges of Moral Turpitude
It is the crimes of moral turpitude that will normally have surprising immigration consequences regardless of the seriousness of the crime. If you are not citizen and you are charged with a crime, you attorney's first task is to determine the exact immigration consequences of a conviction. This is where any plea deal regadless of adjudication will count as a conviction for immigration purposes. Your only option for these cases is a dismissal to avoid any immigration consequences.

If you are charges with a crime and are not a United States citizen or have any immigration issues or concerns you need to tell your attorney at the very first meeting. A lawyers approach to the case may change if they know this informtion. A plea offer that may seem good for the average person may have dire consequcnces for someone who is not a United States Citizen.

For more information call Attorney Corey Cohen at 407-246-0066, or you may email him personally to discuss your case.

www.coreycohen.com

Orange County DUI Pre-Trial Diversion

Florida DUI Pre-Trial Diversion Attorney
Under certain circumstances your case may be eligible for a pre-trial diversion program or PTD. This is an option that our law firm will explore on every first time DUI charge. In Orange County there is a program that if accepted into will give you a chance to get your DUI dismissed. Once you hire a lawyer at the Law Office of Corey Cohen we would work towards getting you into this program and ultimately getting your charges dismissed and later sealed or expunged.

The DUI diversion program in Orange County is as follows:

The defendant must have no prior alcohol related driving history.
The defendant may have no more than two prior misdemeanor convictions.
The defendant may have completed no more than one diversion program.
The defendant must not have been involved in a crash in the instant case.
The facts of the case must suggest that the defendant is a good candidate for the DUI Diversion.
This last factor is where the hiring of a lawyer is important. The state has the ultimate authority to approve or deny someone based on the facts of the case. By hiring a lawyer your chances of getting approved for Pre-trial diversion are a lot stronger.

There are also two tiers of DUI diversion based on the breath/blood test results or if there was a refusal to take the breath test. This determines how long the diversion program may last.

With tier one the breath/blood averages to less than .15 and tier two is for refusals or the average breath/blood results are .15 or greater.

Call the Law Office of Corey Cohen, P.A. at 407-246-0066 to find out more about DUI diversion and for a free screening to see if your case may qualify.

Law Office of Corey I. Cohen, P.A.
DUI Defense Attorneys
Orlando, Florida
407-246-0066 • E-Mail
www.coreycohen.com