It is imperative that you speak with an immigration attorney. A conviction for particular chargers can in fact result in immigration detention (as well as state detention) and deportation. It is important to know exactly what you are being charged with and what the DA is offering. I would obtain the charges prior to attending an consultation with an immigration attorney so that s/he knows whether the crime you are being charged with or the plea offer makes you deportable.
Pleading guilty to a domestic battery will most likely get you deported. If you did not do it then going to trial may be the best solution. You should bring your case in to be evaluated by a competent immigration attorney that understands the immigration consequences of criminal conduct. The DA will often act tough and they need to be faced with an attorney that will give them a “come to Jesus moment”. What I mean by that is that they need to be shown how you will win the case. Find an attorney that believes in you and is willing to not only fight for you but has a winning strategy. At the very least the attorney should be able to structure a deal that allows you to plead guilty to something that does not impact your immigration status.
Khaja M. Din, Esq.
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Khaja Din is an immigration attorney specializing in deportation defense and the immigration consequences of criminal conduct. He has offices in Chicago, IL and Madison, WI.
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I agree with my colleagues that you need an immigration attorney. However, you also need a good criminal attorney who believes in you and can try to negotiate the charges with the prosecutor. There are ways to change the charges (specially the charging document) that will keep the prosecutor happy and still reduce your chances of getting deported. Pleading guilty to this charge of domestic violence will very likely get you deported!
DISCLAIMER: Confidential information should not be disclosed in this Internet forum. I am an experienced Connecticut criminal and immigration lawyer practicing in Danbury, CT. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices. Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. This AVVO Answer is provided for general educational purposes only.
As my colleague suggests, the better method, than accepting the plea as is, may be to see if you can find an attorney who may work with the D.A. to see if the charges may possibly be modified, or go to trial and fight it. You really need to retain an attorney who practices both immigration law and criminal law in your jurisdiction, because they will advise you with knowledge of the possible immigration consequences.
This response in no way establishes attorney/client privilege or relationship.