Will my cousin get automatically deported if he was to accept a plea deal of guilty since he is not a US citizen?

Asked over 2 years ago - Atlanta, GA

he's been incarcerated in Atlanta Ga for the past 14 months now based on false charges that were made by his ex girlfriend. About a couple of weeks ago, the D.A offered him a plea deal of guilty and walking out of prison since they dont really have any evidence whatsoever. If he was to accept that plea, since he is not a US citizen, will he get deported, because of the new law in Georgia?

Attorney answers (7)

  1. Alexander M. Ivakhnenko

    Contributor Level 20

    17

    Lawyers agree

    Answered . I could recommend the only logical and legally appropriate thing for your cousin: hire a competent criminal defense attorney with knowledge of immigration law at once before he pleads to a criminal charge that will have an immediate legal effect on his immigration status in the United States. In his case it is not a luxury to have an attorney, it is a necessity.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  2. Javier G Pineda

    Contributor Level 17

    16

    Lawyers agree

    Answered . The analysis that has to be carried out in your cousin's case cannot be done here. If your cousin's criminal defense attorney is not knowledgeable in immigration law, hire an immigration attorney to evaluate the consequences of any plea offer. Good luck.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be... more
  3. Javier E Morales

    Contributor Level 14

    14

    Lawyers agree

    Answered . Not enough information to provide an answer and also the matter is too complicated and would require an in person consultation with an Immigration Attorney in order to review his Immigration history and his pending criminal charge.

    Consult with both a Criminal and Immigration Attorney before accepting any plea offers made by the State.

    Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as... more
  4. Kyndra L. Mulder

    Pro

    Contributor Level 20

    11

    Lawyers agree

    Answered . It depends on what he is charged with.

  5. Michael Lawrence Doyle

    Pro

    Contributor Level 20

    10

    Lawyers agree

    Answered . You have been provided good advice here. Some offenses are considered deportable and some are not. I often see what I see as a lesser offense being deportable while I see offenses that I veiw as more serious being non-deportable. In a city like Atlanta, you can probably find an attorney that is well versed in both criminal and immigration law. Try finding someone with those credentials.

  6. Noah Howard Pines

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . If he is pleading guilty to a felony or any misdemeanor that is considered to be a crime of moral turpitude by USCIS then yes he will be deported. Your cousin needs to discuss his case with an experienced immigration lawyer. You can contact Carlos Solomiany at 404-812-4300 of you would like to discuss this case in more detail.

  7. James B. Hernan

    Contributor Level 13

    8

    Lawyers agree

    Answered . Your cousin needs to speak with an attorney that handles both immigration and criminal defense matters and understand the consequences of criminal activity on immigration status. Assuming he is facing a felony charge, a reduction of the charge to a misdemeanor would certainly help; however, a domestic violence charge (even if a misdemeanor) and certain other misdemeanors can still result in him being removable. If he is a lawful permanent resident, immigration can seek to revoke that status. If he overstayed a visa or entered the country without inspection (without a visa), he could be removable on that fact alone.

    He would not be deported because of the law in Georgia; however, he might end up in immigration custody because of the cooperation between state/local officials and immigration. If he has an immigration detainer (hold) on him, immigration will have 48 hours to come to the jail to take him into custody after the point when he would have otherwise been released from custody. Weekends and holidays are not included in the calculation of the 48 hours.

    I have included a link below to my legal guide on immigration detainers. I also included a link to information on first offender pleas (but note that immigration still considers a first offender plea to be a conviction for purposes of immigration).

    Consult with an attorney as soon as possible.

    Jamie Hernan
    Hernan Law Firm
    Criminal Defense / Immigration
    Telephone: (678) 275-4000
    Free initial consultations

    DISCLAIMER: This answer does not constitute legal advice and no attorney client relationsip has been, or will be,... more

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