Immigration Issues in Criminal Cases

Scott Scherr • January 9, 2024

Illegal immigrants face possible deportation if convicted of a crime.

Anyone who is not a United States citizen has potential collateral consequences if they are convicted of a crime or even receive probation before judgment. This is because certain criminal convictions can lead to their deportation. Anyone who is not a United States citizen should consult with an immigration attorney before entering into a plea deal to make sure that there are no collateral consequences.


Even a probation before judgment, which is not a conviction, can lead to disastrous consequences. This is because the judge first makes a finding of guilt before striking the conviction from the Defendant's record. While this keeps the Defendant from having a criminal record, it does not precluse collateral consequences from the offense or possibe deportation.


Recently, the Maryland legislature passed a new law that allows a judge to grant probation before judgment without making a finding of guilt. The Defendant and/or counsel must request this particular disposition before any finding is made. This will offer some protection from immigration consequences.


If you are not a United States citizen and you have been charged with a crime, you need two lawyers. You need an immigration attorney to advise you on the collateral consequences and a criminal attorney to defend the charges. Otherwise, there could be serious ramifications.

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