Fort Collins Criminal Defense Attorney | Immigration Consequences and Deportation for Criminal Convictions

Are you a non-citizen facing potential criminal charges in Larimer County? Read more about the potential immigration consequences related to your charges.
When a person is facing criminal charges, it is a heavy weight on their shoulders. If the person is not a citizen of the United States, the weight is even heavier because of the consequences a criminal conviction could have on the person’s ability to stay in the U.S. Certain criminal convictions will automatically result in deportation, also known as removal. If a non-citizen is charged in state or Federal court with what Federal law has deemed a ‘crime of moral turpitude’ or an aggravated felony, then deportation is on the table. Even if the accused is in the country legally, with a work visa or green card, there is no guarantee that U.S. Immigration and Customs Enforcement Agency (known as ICE) will not choose to deport after a criminal conviction. If you are currently in the country, but not an official citizen, you need to know the immigration guidelines for criminal convictions and how to protect yourself during any removal proceedings.

Larimer County Immigration Crime of Moral Turpitude and Removal / Deportation Lawyer

What is a Crime of Moral Turpitude? Well, it seems the list of crimes that falls under this category seems to be expanding in Larimer, Boulder, and Grand County. Typical crimes that fall under this category are:

Sometimes, if a crime of moral turpitude, such as 3rd Degree Assault – Domestic Violence or Carrying a Concealed Weapon, has been committed by a person who has legally been in the country for 5 or more years, the ICE ramifications can be excused. But again, that is only for certain cases and at the discretion of the Immigration and Customs enforcement Agency. When a non-citizen is convicted or pleads guilty to a felony, they are automatically put on ICE’s radar for deportation. In many cases, they will be taken into custody by ICE officials without warning and held to be deported. Always consult an experienced criminal defense attorney and immigration lawyer before speaking with the police or entering a plea. You need to know all the potential immigration ramifications of pleading guilty.

Fort Collins Aggravated Felony Conviction and Being Subject to a Deport Order

The Federal Government of the United States has judged certain serious crimes as aggravated felonies. An aggravated felony conviction in Fort Collins, Loveland, and Estes Park means deportation. Crimes that fall under the aggravated felony category are:

  • Distribution of Drugs (like heroin, meth, or cocaine)
  • Murder
  • Money Laundering
  • Crime of Violence (like Assault)
  • Felony Theft (over $2,000)
  • Rape / Sexual Assault
  • Child Pornography
  • Prostitution / Human Trafficking
  • Large Fraud

Please note this is not an exhaustive list. There are other crimes that may fall under this category as well. Check with an immigration attorney along with a Fort Collins criminal defense lawyer to learn more about your situation.

Boulder Criminal Defense Lawyer: How We Can Help Prevent Your Deportation

If you have been charged with a crime of moral turpitude or aggravated felony, don’t lose hope. An accusation is not the same as a conviction. The best way to protect yourself is to get both a criminal defense attorney and immigration lawyer involved in your case. When we work with clients who are facing potential deportation based on the accusations and charges, we always push for a full dismissal, a plea bargain to a crime that will not result in deportation, or a limited removal. We also consult with your immigration lawyer to make sure you can stay in the U.S.

Northern Colorado Immigration Deport Lawyer and Criminal Defense Attorneys Working Together

When looking for an immigration lawyer to work with a noncitizen, you want someone who is willing to work closely with your defense attorney. We will need to develop a plan together to protect you from deportation and other immigration consequences. At the O’Malley Law Office, we know you have a family, job, residence, and numerous other reason to want to stay in the United States. We also know some qualified immigration lawyers. The best start to your defense is to protect yourself. Do not speak with police or ICE officers without an attorney present. You have the right to remain silent and it is the best to enact that right.

ICE Efforts to Deport You: Can They Be Stopped?

There are certain circumstances and strategies that can be used to stop a person’s deportation. Sometimes, the criminal court can reclassify your crime to one that is not a crime of moral turpitude or an aggravated felony. This is called an immigration friendly plea. Also, there are certain requirements where a person be advised of any possible immigration consequences before pleading guilty and if that advisement did not happen, it can change your immigration status. There are other things your defense attorney can do or say to make it more likely you will be allowed to re-enter the United States after a 5 or 10 year waiting period.

If you or someone you love is a noncitizen of the United States and is facing criminal charges and potential deportation, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-658-0007 to schedule your free consultation. Together, we can protect your future.