When Criminal And Immigration Laws Clash
– You Need Outstanding Legal Representation
If you are not a U.S. citizen, a crime can be an unsettling experience whether as a victim or the person accused of committing it. As a suspect, the full weight of the criminal justice system moves quickly to make an arrest, get a conviction and impose punishment.
Victims of criminal activity also benefit from hiring a lawyer who can help them recover compensation for the injuries and property damage they sustained. Sometimes, particularly when victims use a gun to defend against a threat, the strict gun laws in the U.S. can result in criminal charges being filed against them.
Federal and state gun laws
Gun laws in the U.S. are a patchwork of federal, state and local laws, so you need to know the rules in place wherever you take a firearm. Let’s look at a few of the issues surrounding gun ownership.
Federal law restricts the sale of shotguns, rifles and ammunition to individuals 18 years of age or older, and at least 21 years of age for handguns. It also prohibits convicted felons, aliens unlawfully in the U.S. and other categories of people from possessing guns or ammunition.
State laws generally follow the federal guidelines or set additional requirements for gun ownership. For example, California requires proof of residency to buy a gun in the state.
As a general rule, state law determines where, when and how you may carry a firearm when outside of your home. For example, some states allow open carry, which means a firearm may be carried in public and need not be concealed from view.
Other states only allow concealed carry in public. You must get a state permit and the gun must be concealed from view. Private businesses and government buildings may prohibit people from entering with a firearm whether open carry or concealed.
Using a firearm
State laws permit the use of a firearm only to defend yourself or another person against imminent serious bodily harm or death. Determining what is self-defense is difficult. Get it wrong and you may be arrested.
“Castle laws” passed in some states give homeowners the right to shoot an intruder without waiting for an actual threat. Shooting an unarmed intruder may be justified under the law in your state, but you will face criminal charges if you do it in California, which does not have a castle law.
Another issue to consider when resorting to use of a firearm to defend yourself or your business is whether or not the firearm is legally possessed. For example, if the law in your state requires a permit for a concealed firearm, the fact that you do not have one could force the police investigating a robbery attempt at your place of business to charge you with unlawful possession of a firearm.
Another thing to be mindful of when it comes to firearms is your current immigration status. Federal law does not prevent an alien who is lawfully in the U.S. from owning a firearm, but there are exceptions to the general rule.
If you are in the U.S. under a nonimmigrant visa, you may not own a firearm. However, if you traveled to the U.S. specifically for hunting and have a valid hunting license, you may meet one of the exceptions allowing you to have a firearm. An immigration lawyer should be consulted to determine how your immigration status may affect your right to own and possess a firearm.
What happens when police suspect you of committing a crime?
If police think that you committed a crime, they may approach you at home, work or on the street to talk to you about what happened. Understand that when police “talk to you” they are gathering information and evidence to support making an arrest. You have rights, and one of them is the right to politely refuse to talk or give information to the police.
Instead, tell them you want to speak with your attorney before talking to them, and call Tung & Associates to have an experienced criminal defense attorney working on your behalf. Police and prosecutors are highly trained professionals, so you need a criminal defense attorney with the skills, training and knowledge of the law to aggressively fight for you, including:
· Fighting to reduce or eliminate bail to keep free and out of jail.
· Investigating the allegations and gathering evidence supporting a dismissal or reduction in the charges.
· Developing and presenting an aggressive defense strategy at the trial and, if necessary, at the sentencing stage to obtain the best outcome for you.
The pressure put on you by police, prosecutors and judges to plead guilty to a less serious offense may force a decision that does not consider the consequences it could have on your immigration status, including:
· Denial of an application for citizenship or permanent residence.
· Deportation.
· Detention while awaiting an immigration hearing.
Pleading guilty to a lesser offense may be a good decision that avoids harsher penalties, but it may adversely affect your immigration status.
A criminal defense lawyer may not know enough about immigration law to realize how pleading guilty to a less serious offense, such as a minor drug possession or driving while impaired, reflects on your “good moral character” and could affect your application for naturalization or citizenship.
At Tung & Associates, our lawyers are equally capable of advising you about criminal charges and immigration issues that may arise from a conviction. We focus on the whole picture to avoid a situation where you leave criminal court with a serious immigration issue hanging over your head.
Crime victims paralyzed by fear of the police and courts
The average person may not understand why a crime victim would be afraid of cooperating with police and prosecutors to apprehend and convict the person who harmed them. Someone who has overstayed their visa or has an application pending for naturalization or to become a citizen of this country may believe that reporting the crime will result in deportation or other adverse action.
The truth is that being a victim of a crime does not affect your immigration status or reflect poorly on your good moral character. The immigration attorneys at Tung & Associates use their knowledge and experience with immigration laws and procedures to advise and counsel crime victims, including helping them take advantage of programs offered by U.S. Citizenship and Immigration Services designed to protect crime victims who cooperate with law enforcement and another program offering assistance to immigrants who are victims of domestic violence.
Learn more about protecting your rights
Whether you are the victim of a crime or were arrested by the police on suspicion of breaking the law, you have rights that must be protected. Tung & Associates is a full-service law firm with attorneys capable of providing superior representation for cases involving criminal law, personal injury, immigration and more. Contact us today for a consultation to learn more about how we aggressively fight to protect your rights.
Disclaimer: The information provided in this article is for general information purposes only. It is not offered as legal advice and should not be construed or relied upon as such by a reader. Nothing contained in it is intended as legal advice or presented for the purpose of establishing an attorney-client relationship.