My boyfriend charged on 120.00
And he have temporary order of protection from victim.
there is a proof(pictures of the bruises)
And he is undocumented person in the US.Next court date is in 2weeks . I afraid that he can be deported
He should fight the charges and hire an experienced criminal defense attorney. There may be ways to get the criminal charges dismissed, especially if he hasn't been in trouble before. Immigration will look at the final result of the case but they can consider the allegations. NYC Corrections does not notify ICE if there is no criminal conviction.
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He should appear at that court hearing with a reputable criminal defense lawyer (and not claim to be "indigent" and expect to be appointed a free "public defender".)
NYC does not cooperate with ICE, understood, but ICE agents could be lurking inside and outside the courthouse.
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I agree, there's a good chance he will be deported.
Hire a criminal defense attorney immediately.
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There are ways to get the case dismissed. He should hire a good criminal defense lawyer.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
If he is undocumented he is removable on that basis alone regardless of the arrest or conviction. However under new guidance, the arrest (leaving aside the conviction for a moment) prioritizes his removal. That said, if he can avoid conviction of the assault charges he may be able to remain eligible for relief from removal in immigration court or to apply for benefits that ultimately lead to lawful status through USCIS. He needs to avoid a conviction at all cost so he needs the best, most experienced criminal attorney available to achieve that goal.
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