Navigating the dual complexities of criminal and immigration law can be overwhelming, but that’s precisely where a criminal immigration lawyer makes all the difference. FordMurray Law’s insightful article, “Crimmigration: Navigating the Complex Intersection of Criminal and Immigration Law for Defense Attorneys,” unpacks how legal professionals can best advocate for noncitizen defendants facing criminal charges.
At the core of the article is U.S. Supreme Court precedent. In Padilla v. Kentucky, the Court ruled that advising noncitizen clients on immigration consequences of criminal pleas isn’t a “collateral” duty, it’s essential to Constitutional right to effective counsel. If defense attorneys fail to warn of potential deportation risks, their advice may be considered legally deficient.
The case of Jae Lee v. United States further underscores this point: even when a viable defense is unlikely, defendants must be fully informed. In Lee’s situation, his attorney wrongly assured him that a plea would not result in deportation, but in reality, it would. The Court found that he suffered prejudice and should have been made aware of that consequence before accepting the plea.
From these rulings, FordMurray Law extracts a three-point duty for defense attorneys representing noncitizen clients:
- Ask the right questions upfront, such as country of birth and citizenship status, to identify if immigration risk analysis is needed.
- Understand relevant immigration implications, meaning attorneys must know which criminal dispositions carry serious immigration consequences.
- Seek guidance when needed, ensuring you are grounded in current law and best practices within both criminal and immigration contexts.
Why FordMurray Law Stands Out for Crimmigration Representation
As a national firm based in Portland, Maine, FordMurray Law brings seasoned experience in immigration law, including those critical intersections with criminal cases. Their professionals, like Shannon McKinnon, possess specialized expertise in crimmigration, reinforcing their ability to support vulnerable clients through the most high-stakes legal scenarios.
Their firm is deeply committed to guiding both individuals and institutions across complex legal landscapes, delivering client-focused representation informed by case law, professional standards, and evolving legal norms.
If you or someone you know is facing criminal charges as a noncitizen, having a criminal immigration lawyer, one versed in “crimmigration,” is essential. FordMurray Law’s guidance shows that effective counsel is not just about criminal defense; it’s about fully informing clients of immigration consequences, protecting constitutional rights, and enabling truly informed decisions.