Fighting For Your Rights As An Immigrant Facing Criminal Charges
Criminal convictions can jeopardize your status in the U.S. if you are not a citizen. In addition, if U.S. Citizenship and Immigration Services (USCIS) accuses you or a loved one of violating immigration laws, you could face deportation by Immigration and Customs Enforcement (ICE). You need a trusted lawyer at your side who has the ability to handle every aspect of your case.
The combination of criminal law and immigration law, referred to as crimmigration, is a complex legal area that requires an attorney with a specific set of skills not all lawyers possess. Dallas attorney Dan Gividen has an impressive reputation for his knowledge and success in these cases. He is also known for his zealous advocacy on behalf of his clients. In fact, many other attorneys in northern Texas have asked him to co-counsel on their cases. If your case involves both criminal and immigration laws, call Gividen Law, PLLC.
Immigration Status And Criminal Charges
For non-U.S. citizens, a person’s immigration status is an issue from the very first hearing in federal court and can affect the outcome. Contrary to what federal prosecutors want you to believe, an ICE “detainer” or “hold” does not prevent an individual from being granted pretrial release. Knowledge of both immigration law and the intricacies of ICE procedures, as well as removal proceedings, is essential to effectively cross-examine agents on these issues at a detention hearing.
Equally important is a detailed knowledge of the immigration consequences of a conviction for the many different federal offenses. A conviction for some federal offenses will have severe and automatic immigration consequences. Meanwhile, the consequences of a conviction for other federal offenses may depend on other factors, such as:
- The length of the prison sentence
- The amount of loss involved
- The date on which the offense was committed
And a conviction for some federal offenses will not have any immigration consequences at all.
Frequently Asked Questions About Crimmigration Cases
If you are facing criminal charges as a non-U.S. citizen, you likely have questions about how this could impact your immigration status and your ability to remain in the country. Here are answers to some of the most common concerns.
Can a criminal conviction affect my immigration status?
Yes. Criminal convictions can have serious immigration consequences for non-U.S. citizens, including deportation. However, not all convictions carry the same weight. Some federal offenses result in automatic and severe immigration penalties, while others may depend on factors like the length of your sentence, the amount of financial loss involved or when the offense occurred. Some convictions may not affect your immigration status at all. This is why working with an attorney who understands both criminal and immigration law is essential to protecting your rights and your future in the United States.
What happens if ICE places a detainer or hold on me?
Despite what federal prosecutors may suggest, an ICE detainer or hold does not automatically prevent you from being released before trial. With the right legal representation, you can challenge these holds at a detention hearing. An experienced crimmigration attorney knows how to effectively cross-examine ICE agents and navigate the complexities of immigration procedures to fight for your pretrial release.
Why do I need a lawyer who specializes in crimmigration?
The intersection of criminal and immigration law is highly complex and requires specialized knowledge that not all attorneys possess. During plea negotiations, even a small modification to a plea offer – one that seems insignificant to prosecutors – can mean the difference between remaining in the United States and facing removal. Attorney Dan Gividen’s background with ICE and DHS, and his service as a special assistant U.S. attorney, give him unique insight into how these agencies build cases, allowing him to provide the strongest possible defense for your situation.
The Importance Of An Experienced Attorney
A lawyer with a detailed knowledge of the interplay between criminal law and immigration law is critical throughout the process. This is particularly true during plea negotiations, as a requested change to a plea offer that is insignificant and acceptable to the prosecutor can be the difference between living in the United States and facing removal.
Prior to opening his own firm, attorney Dan Gividen spent many years as an attorney for ICE, the Department of Homeland Security (DHS), and as a Special Assistant U.S. Attorney in the Northern District of Texas. He has a firm grasp of how these agencies pursue convictions and build their cases, including complex appeals. When you need a trusted crimmigration attorney with a strong reputation in the Dallas-Fort Worth area, turn to Gividen Law, PLLC.
Start Your Defense Today
The sooner you start building your defense, the stronger it will be. Attorney Dan Gividen is ready to help. Get started by calling his Dallas office at 972-256-8641 or sending an email to schedule either a telephone or in-person appointment. Se habla español.