I wa sentenced almost ten years ago for two felonies a C And D, it was in the state of New York , I have never been a priority for deportation, but now I am. I would like to know what can I do to try to reopen my case and get re-tried
You need to consult with an experienced criminal lawyer to work closely with an experienced immigration attorney in your state. You may have been a priority for deportation if you are convicted of two felonies depending on your legal immigration status and the nature of your criminal convictions.
Please note that this is not legal advice, but merely, an answer to guide you in the proper direction. Additionally, no attorney-client privilege has been established. “No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.”
Two felonies will definitely make you eligible for deportation. Have you been notified of any ICE or USCIS action? If you want to challenge the conviction you need to find a criminal defense lawyer familiar with this process.
The above reply is not actual legal advice and should be construed as such; this reply does not constitute an attorney client relationship and is offered only for general informational purposes. Please consult an attorney for more detailed and personalized assistance.
More facts are needed before anyone can advise you if you have any options. Were these trial or pursuant to a plea bargain? You need to gather transcripts of the proceedings and your original case file if it still exists and meet with an attorney.
I am a former Brooklyn Criminal Court Deputy Bureau Chief with 20 years experience specializing in handling criminal cases. All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. Also, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication.
A motion to vacate the convictions can be filed. There must be grounds for relief, but in NY County, you may find a sympathetic DA and Judge who will allow such relief on a minimal showing. The cost of the attempt would be several thousand dollars for each motion, with no guaranty of success.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
You will need to likely work with a criminal defense lawyer and an immigration lawyer. The 440 motion vacatur that you are referring to must be based on legal or a constitutional defect in your case and not merely for an immigration or humanitarian benefit for it to be credited by immigration authorities. It remains also unclear what exactly were you convicted under and therefore, you should take your certificates of dispositions to an experienced immigration lawyer who can fully evaluate your situation and advise accordingly.
This answer is provided as a general response and is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
Hire a criminal defense lawyer to investigate a CPL 440 motion.
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.
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