I’ve Been Accused of a Felony as an Immigrant in Florida, What Happens Now?

Being accused of a felony as an immigrant in Florida can be a stressful and confusing situation. Here’s a general overview of what to expect:

Immigration Consequences:

• Deportation Risk: A felony conviction can have significant consequences for your immigration status, potentially leading to deportation proceedings.  The specific impact depends on the type of felony, your immigration status (undocumented immigrant, green card holder, etc.), and your criminal history.
• Crimes of Moral Turpitude & Aggravated Felonies:  Certain felonies, categorized as “crimes of moral turpitude” or “aggravated felonies” by immigration law, carry a higher risk of deportation.  Examples of crimes of moral turpitude include theft, fraud, and drug trafficking. Aggravated felonies encompass violent crimes and serious drug offenses.

Importance of Legal Representation:

• Criminal Defense Attorney: It’s crucial to consult with an expert criminal defense attorney experienced in handling cases involving immigrants. They can advise you on the best course of action to defend yourself against the criminal charges and explore potential options to minimize the impact on your immigration status.
• Immigration Attorney:  An immigration attorney can provide specific guidance on the potential immigration consequences of the felony accusation and explore options like seeking relief from deportation.

Potential Next Steps:

• Fighting the Charges:  Your criminal defense attorney will develop a strategy to fight the charges. This could involve negotiating a plea bargain for a lesser offense that might have a less severe impact on your immigration status.
• Immigration Options: Depending on the specific circumstances, your immigration attorney  might explore options like applying for cancellation of removal or pursuing a waiver if eligible.