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?
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.
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17 lawyers agree
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.
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16 lawyers agree
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 legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.
14 lawyers agree
Criminal Defense Attorney
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.
10 lawyers agree
Criminal Defense Attorney
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.
Personal Injury Lawyer
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.
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, created until a valid engagement agreement is signed. No duty arises from this posting. Answers posted here are general and made with limited knowledge of the actual facts of your case. Always speak with an attorney licensed to practice law in your jurisdiction if you wish legal advice specific to your case.