For anyone who is not a United States citizen, a criminal case in Florida can affect the ability to stay in the country, renew a visa, become a citizen or return after travel. Some offenses, including many drug, theft, fraud and domestic violence charges, can trigger removal even after a plea with no jail time. Before accepting any plea, a noncitizen should get advice from both a criminal defense attorney and an immigration attorney.
Key takeaways
- Immigration law can treat a withhold of adjudication as a conviction.
- Drug, theft, fraud and domestic violence charges carry special risk.
- Defense lawyers must advise on deportation risk under Padilla v. Kentucky.
- Florida judges warn defendants about immigration consequences at plea.
- How a plea is worded can change the immigration outcome.
Why does a plea matter so much for noncitizens?
Federal immigration law has its own definition of a conviction. A plea of guilty or no contest combined with any punishment, including probation or fines, can count even when a Florida judge withholds adjudication. A plea that seems minor in state court can become the basis for removal, denial of a green card or denial of citizenship.
Which charges are most dangerous for immigration?
- Controlled substance offenses, with a narrow exception for a single small marijuana possession.
- Crimes involving moral turpitude, which can include many theft and fraud offenses.
- Domestic violence, stalking and violations of certain injunctions.
- Aggravated felonies under immigration law, a category broader than its name suggests.
- Firearm offenses.
Facing this situation in Broward County? Talk to a defense attorney today.
What should noncitizens do after an arrest?
Do not discuss your immigration status with police. Tell your criminal defense attorney your exact status so the defense can be built around it. Consult an immigration attorney before any plea. Options such as pretrial intervention, plea to a different offense or careful wording of the plea can make a significant difference.
What warnings do Florida courts give?
Before accepting a plea, Florida judges are required to warn defendants that the plea may have immigration consequences if they are not citizens. That warning is general. It does not replace specific advice about your situation.
Frequently asked questions
Can a misdemeanor get me deported?
Some misdemeanors can trigger immigration consequences, especially drug, theft and domestic violence offenses.
Is a withhold of adjudication safe for immigration?
Not necessarily. Immigration law can treat a plea plus any punishment as a conviction.
Should I tell my defense lawyer my immigration status?
Yes. Your lawyer needs it to protect you, and the conversation is confidential.
Can a past plea be reopened?
In some cases a past plea can be challenged if the defendant was not properly advised. Talk to a lawyer about your options.
Related practice areas
Practice areaDrug Crimes Defense Attorney
Practice areaDomestic Violence Defense Attorney
Practice areaGrand Theft Defense Attorney
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This article provides general information about Florida law and is not legal advice. Every case is different. Contact an attorney about your specific situation.