Tell your lawyer at the start
If you’re not a U.S. citizen, tell me on our first call. What you tell me stays between us. I need to know your status to know which outcomes help you and which could hurt you.
Immigration law and criminal law don’t count things the same way. Two results that look about the same in criminal court can have very different effects on your status. Some deals that look like a win, like a short sentence for a quick plea, can be the worst choice for someone who isn’t a citizen. The time to plan around that is before anything is agreed to, not after.
Looking for a “crimmigration” lawyer?
Some people look for one lawyer to handle both their criminal case and their immigration case. Here’s how I see it. Knowing which outcome is safer for your immigration status is the easier part. Getting that outcome from the DA is the hard part, and that takes criminal defense skill. That’s what I focus on, every day.
When your immigration situation needs a closer look, I get an immigration attorney’s input, so I know exactly which result to aim for. Then I go get it.
Getting out of custody, fast
For a non-citizen who’s been arrested, getting out of jail quickly can matter even more than usual. Once immigration authorities ask the jail to hold someone, getting them released becomes much harder, and they can be picked up straight from custody. So the first goal is often release as soon as possible, ideally before any immigration hold is in place.
If a family member has been arrested, call me right away. What families should know after an arrest.
How I plan your case around your status
- Which charge. Sometimes a plea to a different charge, even one that sounds similar, avoids the worst immigration problems.
- What’s on the record. The facts written into the plea, and the exact wording, can matter.
- The sentence. Its length and form can matter too, sometimes down to the day.
- A dismissal or diversion, whenever possible, which is always the first goal.
California law requires prosecutors to consider avoiding immigration consequences as one factor in plea negotiations. In Sacramento, I find the DA’s office can be sympathetic and willing to listen, though not automatically. How the request is presented matters, and so does mitigation: who you are, your family, your work, and what you’ve done since the arrest.
A real-world example: DUI and DACA
For DACA recipients, a DUI conviction is an automatic bar. A “wet reckless,” a reduced reckless driving charge, is not. So when the evidence is strong, I may negotiate a “loaded” wet reckless: the DA gets terms close to a DUI, like a longer class and a few days of custody, and my client avoids the DUI conviction that would cost them DACA. It’s a creative answer to a common problem, and the same kind of thinking applies to many other charges. More about wet reckless.
Clearing your record may not fix it
Under California law, I can often clear a conviction from your record later. But for immigration purposes, record clearing often doesn’t erase the conviction. That’s one more reason the outcome itself has to be right the first time.
An old conviction causing problems now?
If you pleaded to something years ago without understanding what it would mean for your immigration status, California law may let you undo it. A motion to vacate can ask the court to set aside a past conviction when you couldn’t meaningfully understand or defend against its immigration consequences. Don’t wait: once you get an immigration notice that relies on the conviction, the motion has to be filed promptly.
I handle these motions. Call me, and bring any immigration paperwork you’ve received.
Questions
Will I be deported if I’m convicted?
It depends on your status, the charge, and the exact outcome. Some convictions carry serious immigration consequences and many don’t, and small details can change the answer. That’s why I plan the case around it from the start, and get an immigration attorney’s input when needed.
Is it safe to tell you I’m undocumented?
Yes. What you tell me about your case and your status is confidential. I need to know it to protect you.
Do you handle immigration cases too?
No. I’m a criminal defense lawyer, and I handle the criminal case. When your immigration situation needs it, I work with an immigration attorney so the result I get is the right one for your status.