Pleading to "Minor" Criminal Offenses
Apr 22nd 2010, 4:18 am
#1
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Joined: Jan 2009
Posts: 119
Pleading to "Minor" Criminal Offenses
Pleading Guilty, Not Guilty, Nolo Contendre, Deferred Prosecutions, and Pre Trial Intervention
Under INA Section 101(a)(48)(A) [8 U.S.C.A. Section 1101(a)(48)(A)], a plea of guilty, nolo contendere, or an admission of sufficient facts can result in a "CONVICTION" for immigration purposes.
For example, for minor offenses such as Petit Theft in Duval County, Florida, a deferred prosecution in conjunction with Pre Trial Intervention is sometimes offered as an alternative disposition. However, in other jurisdictions a similar disposition may be considered a "conviction" for immigration purposes. Each case needs to be thoroughly researched for the latest caselaw. In my opinion, a qualified immigration attorney needs to be consulted before a disposition in ANY criminal matter.
The below form PTI is acceptable. However, you should not make an admission of sufficient facts which would otherwise support a finding of guilt. In other jurisdictions, such an admission is often made to the interviewer or on the record contemporaneous with the application for the deferred prosecution. E.g., Mass. R. Crim. P. 12(a)(2) for a specific state plea providing for an admission of “sufficient facts.”
An admission of facts sufficient to support a finding of guilt is a “conviction” for immigration purposes and therefore may render you subject to immigration consequences - even deportation.
Com. V. Duquette, 386 Mass. 834, 438 N.E.2d 334 (1982).
I'm posting this for general information purposes only. Please contact a qualified immigration attorney to answer specific questions about any specific matter.
Under INA Section 101(a)(48)(A) [8 U.S.C.A. Section 1101(a)(48)(A)], a plea of guilty, nolo contendere, or an admission of sufficient facts can result in a "CONVICTION" for immigration purposes.
For example, for minor offenses such as Petit Theft in Duval County, Florida, a deferred prosecution in conjunction with Pre Trial Intervention is sometimes offered as an alternative disposition. However, in other jurisdictions a similar disposition may be considered a "conviction" for immigration purposes. Each case needs to be thoroughly researched for the latest caselaw. In my opinion, a qualified immigration attorney needs to be consulted before a disposition in ANY criminal matter.
The below form PTI is acceptable. However, you should not make an admission of sufficient facts which would otherwise support a finding of guilt. In other jurisdictions, such an admission is often made to the interviewer or on the record contemporaneous with the application for the deferred prosecution. E.g., Mass. R. Crim. P. 12(a)(2) for a specific state plea providing for an admission of “sufficient facts.”
An admission of facts sufficient to support a finding of guilt is a “conviction” for immigration purposes and therefore may render you subject to immigration consequences - even deportation.
Com. V. Duquette, 386 Mass. 834, 438 N.E.2d 334 (1982).
I'm posting this for general information purposes only. Please contact a qualified immigration attorney to answer specific questions about any specific matter.
Apr 22nd 2010, 4:43 am
#2
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,472
Re: Pleading to "Minor" Criminal Offenses
Comment: An interesting read on the subject is the March 31, 2010 Supreme Court decision in Padilla v Kentucky. The attorney's action in Padilla was particularly egregious -- but the general discussion in the main opinion and the concurring opinion aptly describe the problems involved.
Moral: Be careful. Be very careful.
Moral: Be careful. Be very careful.
