Deportable Offenses

Under U.S. immigration laws, if you have temporary or permanent residency status, you can still face deportation proceedings if you are convicted of certain crimes. In some cases, when the criminal prosecution begins, the judge may also initiate deportation proceedings, and seek to have you permanently removed from the country. You have the right to fight these proceedings, but you want an experienced lawyer to protect your rights. This blog identifies the types of offenses that may lead to deportation proceedings, as well as some basic steps you should take to protect your rights.

Types of Crimes that May Lead to Deportation or Removal Proceedings

As a general rule, most minor misdemeanors or infractions will not be the basis for a deportation proceeding. Traffic violations, including drunk driving, generally do not rise to the level of offense leading to removal efforts. However, the following crimes can make you a party to a deportation proceeding:

    Drug offenses, such as possession, sale or trafficking, and manufacturing or cultivation
    • Firearms crimes, including illegal possession or sale of a weapon
    • Domestic violence
    • Sex crimes, such as rape, molestation, prostitution or solicitation, or child pornography offenses
    • Violent crimes, including assault and homicide
    • Kidnapping

Taking Steps to Protect Your Rights

When you have been charged with a criminal offense as a green card holder, your first step should be to contact an experienced attorney. You will be entitled to a phone call when taken into custody. Use that call to contact your lawyer and request that they come to the police station.

Once you have been taken into custody, you have certain constitutional rights. The police must notify you of your Miranda rights, which include the right to remain silent, and the right to have an attorney present. It is important that you exercise your right not to talk with police. Even though the American criminal justice system is based on the belief that you are innocent until proven guilty, the police will exert more energy to establish your guilt than to prove your innocence.

If you are merely under investigation and the police show up at your home, you do not have to allow them in, unless they have a valid search warrant. Don’t let them come in if they don’t have one. Anything that they see that they can reasonably argue gave them a suspicion of criminal activity will be the basis for an immediate search, and a warrant won’t be necessary.

Contact Our Office

At Laguna Reyes Maloney, LLP, we provide a free initial consultation to every client. To arrange a private meeting with an experienced Pennsylvania criminal defense attorney, contact us online.

Field Sobriety Tests and DUI Arrests

Harrisburg DUI Defense Attorneys

Most people that have been arrested on a charge of drunk driving don’t stop to think about their field sobriety test and whether it should be challenged. Too often people arrested for DUI assume that a failed field sobriety test constitutes additional proof against them that they were driving drunk. What most people arrested for DUI don’t realize is a field sobriety test must be given according to a certain protocol. Some police departments require officers to be trained in how to properly conduct a field sobriety test; others, however, do not. Since field sobriety tests are used to establish probable cause to administer a breath test or make a DUI arrest, if conducted improperly the court may be compelled to dismiss the DUI charge against you.

Conducting a Field Sobriety Test – Issues to Consider

Most police departments use the National Highway Traffic Safety Administration’s DWI Detection and Standardized Field Sobriety Testing Student Manual when training officers in how to conduct field sobriety tests. The manual is technical and thorough in places, specifying the conditions under which a field sobriety test must be given as well as what an officer is supposed to do if a suspect stops momentarily, shifts his or her weight, or raises his or her arms above a certain height. Field sobriety tests are supposed to be given on even, dry pavement. As such, whether or not your test was given on a slight incline, if it was raining or snowing at the time, or if there was broken pavement in the area may determine whether or not your field sobriety test can be used against you.

How Reliable are Field Sobriety Tests?

A common criticism of the field sobriety test is that it’s simply not reliable enough. First, the officer who administers it acts as your judge and jury: he’s the one that conducts the test AND the one who judges whether or not you passed it. As such, you’re at the mercy of the knowledge and skill of the officer who conducts the test.

Secondly, in a study conducted by S. Cole & R.H. Nowaczyk, officers were asked to watch a film of 21 people with a blood alcohol content (BAC) of 0.00 perform the field sobriety test. Of the officers selected to participate in the study, 46% thought the people on film had had too much to drink. This raises serious questions about the reliability of the field sobriety test and the ability of officers to make a good determination of whether or not someone has failed it.

Arrested on a DUI Charge? Contact Laguna Reyes Maloney, LLC

If you’ve been arrested for DUI, contact Harrisburg DUI defense attorneys at Laguna Reyes Maloney, LLC today. We can evaluate your DUI case and determine if there is good reason to believe your field sobriety test was administered improperly.

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