South Florida Criminal Defense Lawyer Blog

The US Supreme Court held that the 4th Amendement can apply in deportation cases.

This is a big step towards granting constitutional protections to those without legal status in the U.S.

Fort Lauderdale and Miami have large populations of non-US residents without status. South Florida criminal lawyers are always mindful of the deportation consequences of arrests in Florida for criminal law violations.

The ruling creates a legal basis for lawyers to argue that an egregious violation of the 4th Amendment requires the courts to act.

The argument is that if the government doesn'f follow the law then law has no meaning. It doesn't matter if the violation is upon a citizen or non-citizen: the rule of law must prevail.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Immigration Status and Florida Criminal Defense

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Florida courts permit those charged with a crime to avoid a conviction with a "withheld adjudication".

You can truthfully answer "no" to the question: "Have you been found guilty of a felony?" if the criminal court in Florida "withheld adjudication"

But.....in Federal court a "withheld" adjudication is considered a finding of guilt.

If you are facing federal removal proceedings (deportation) over a conviction you have in Florida for a crimiinal charge you should contact a criminal lawyer in South Florida and ask about having your Florida plea withdrawn. There is a procedure to withdraw a plea IF your plea directly results in deportation and you were not advised by the judge at your sentencing of the possible immigration consequences.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Immigration Status and Florida Criminal Defense

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IMMIGRATION DEPORTATION CONSEQUENCES OF PLEAS

Deportation of those convicted of crimes has become a major focus of Federal immigration authorities.

Over the past three years the numbers of persons expelled from the US has gone up markedly.

South Florida criminal defense lawyers are increasingly asked what can be done.

Florida law permits criminal pleas to be withdrawn if deportation is a direct result of a guilty plea and deportation consequences were not clearly explained by the sentencing judge.

The 4th District in Florida, which hears appeals from Fort Lauderdale (Broward) and Palm Beach pronounced the rule: Failure to advise of immigration or deportation consequences of a plea to a criminal charge can be grounds to withdraw a plea. The defendant must allege and prove that 1. You were not advised of the deportation consequences of a plea 2. That the plea alone subjects you to deportation 3. The motion to withdraw the plea is “timely”.

If you are facing federal removal proceedings contact a Florida criminal defense attorney for a consultation. The area is complex so take the time to speak to a criminal attorney with immigration experience.

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Immigration Status and Florida Criminal Defense

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3942 people were forcibly deported from South Florida by Homeland Security during the first six months of 2007.

5889 people were deported from South Florida during the first six months of 2008.

An increase of over 2000 deportations during the first six months of 2008.

Starting in 2007 federal authorities have focused on deporting inmates in Florida correctional institutions: those charged with aggravated assault, weapons charges, kidnapping, sex offenses, cocaine possession, drug trafficking, money laundering, sexual assault and sexual battery are priority deportations.

The expanded scope of federal authorities in seeking deportation of those charged with or convicted of crimes means a successful criminal defense is critical.

Criminal lawyers throughout South Florida increasingly have to consider the immigration and deportation consequences of an arrest and conviction.

For many criminal defense attorneys in South Florida this new focus on the immigration aspects and considerations of their clients is uncharted territory. Increasingly those arrested and charged with crimes in South Florida are demanding their criminal defense lawyer give them quality advice on immigration issues.

Attorney Ralph Behr, whose practice is limited to criminal defense and state and federal court, has expanded the scope of criminal defense services to include immigration consultations with prominent immigration attorneys in Fort Lauderdale, Miami, and West Palm Beach.

For more information or consultation call one 800-761-3446

Posted by Ralph Behr, Esq | Permalink | Email This Post

Posted In: Immigration Status and Florida Criminal Defense

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