Criminal/Immigration Cases

A criminal defendant who is not a citizen of the United States faces consequences that go beyond the penal sanction imposed, including possible denial of a visa or resident status, mandatory detention in an immigration facility, ineligibility for American citizenship, and even permanent deportation from the United States.

A non-American citizen defendant who enters a plea without understanding the immigration consequences of such a plea has not made a knowing plea. The same can be said for a defendant who chooses to go to a jury trial without having weighed the immigration consequences of a guilty verdict versus a plea to a lesser offense or sentence.

In the past 15 years, immigration law has become increasingly tough on crime, and eligibility criteria for immigration waivers have been tightened. More people are subject to deportation for more types of crimes, and fewer individuals are eligible for criminal waivers. Now more than ever, it is important to be cognizant of unfavorable immigration law consequences attached to a plea, and to fashion a plea that avoids such consequences.

Knowledge of immigration law becomes strength in effective criminal defense, and ultimately enhances Mona Shah & Silvers smart representation and reputation, along with the issue of good strategy.

We litigate regularly in both State and Federal Courts. We have handled complex cases of white collar fraud, as well as Tax fraud, drugs and related offenses, taking cases all the way to trial. Federal courts have limited jurisdiction to try criminal offenses. In order to prosecute a crime in federal court, there must be a statute authorizing the prosecution. When prosecuted in federal court, cases are handled by Article III, District Court judges and Appointed United States Magistrate Judges, depending on the severity of the offense.