CRIMINAL LAW

CRIMINAL COURT - Representation in DISTRICT COURT and CIRCUIT COURT in Maryland.  The firm handles all variety of criminal cases.  The following crimes are analyzed from the immigration context:

NOTE: Any conviction has the potential to affect a non-citizen's legal status in the United States.  For instance, many immigration benefits are conditioned upon a favorable grant of discretion and non-citizen's criminal record will ALWAYS weigh negatively on that decision.

  • Traffic - most traffic offenses do not carry any deportation consequences, including DUIs and DWIs. 

    WARNING!  A non-citizen with two misdemeanor convictions is ineligible for Temporary Protected Status (TPS).  In Maryland, many traffic offenses are considered misdemeanors, including DUIs and DWIs.

     

  • Theft - theft is a very dangerous offense for immigration consequences.  Be careful, even relatively minor theft convictions, such as a conviction for unauthorized use of a motor vehicle (the official charge for "joy riding"), can trigger drastic immigration consequences.  If you are convicted of theft and receive a sentence (even if suspended) of one year or more, a non-citizen will be classified as an "aggravated felon" in the immigration court and deported.

 

  • Assault - currently, a conviction for Maryland second degree assault with a sentence (even if suspended) of one year or more will result in mandatory immigration detention and deportation.

 

  • Controlled Dangerous Substances (CDS) - any CDS conviction will most likely result in mandatory immigration detention and deportation.  The only exception is a conviction for possession of marijuana where the total amount of marijuana was under 30 grams.  Caution - possession of paraphernalia is a deportable offense.  Some CDS convictions, such as convictions for the sale, manufacture, distribution of CDS will be classified as an "aggravated felony," from which there is no immigration relief.  Other CDS convictions, typically convictions for simple possession, may allow immigration relief, such as cancellation of removal.

 

  • Burglary and robbery - in the immigration context, burglary and robbery can be classified as a crimes involving moral turpitude.  They can also be classified as an "aggravated felonies" if the non-citizen is sentenced (even if suspended) to one year or more of incarceration.  "Aggravated felonies" will trigger mandatory immigration detention and deportation without relief.

 

  • Weapons charges, domestic violence, child abuse - a conviction that involves a firearms, domestic violence, or child abuse can result in deportation, although immigration relief is available.

 

  • Murder, rape, sexual abuse of a minor - a conviction for murder, rape, or sexual abuse of a minor will result in mandatory immigration detention and deportation.

 

POST-CONVICTION - In many cases, non-citizens plead guilty to offenses that incur immigration consequences.  When there is no relief from deportation in the immigration court, often the only remedy to to attempt to vacate the conviction by means of a petition for post-conviction or by filing a writ of coram nobis.  If a defendant is incarcerated, on parole or on probation for a conviction, he or she can file a post-conviction petition.  Otherwise, a defendant can only file a writ of coram nobis.  The best advantage of a petition for post-conviction is that the applicant is guaranteed a hearing before a judge.  The filing of a writ for coram nobis has no such guarantee.

!!! ACTION ALERT !!!

The Supreme Court recently decided the case of Padilla v. Kentucky.  In that case, the Supreme Court stated that every criminal defendant has the right to be advised of the immigration consequences of a plea agreement.  In practical terms, this gives every non-citizen who pled guilty to a crime an avenue to attack his or her conviction.  If you are going to attempt to vacate your conviction, either by way of post-conviction petition or a writ of coram nobis, now is the time to do it.

!!! ACTION ALERT !!!

 

IMMIGRATION LAW

For more information, go to the firm's immigration law website at : : www.BeatDeportation.com

 
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Law Offices of Timothy W. Davis  -  3700 Koppers Street, Suite 136 - Baltimore, MD  21227
(phone) 301-957-6225        (fax) 443-927-7979        Email: 
email@lawofficeoftimothywdavis.com

 

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