Sometimes, a plea deal seems like a good solution to a criminal case, especially if it keeps you out of jail, reduces a felony to a misdemeanor and lets you move on with your life.
If you aren’t a U.S. citizen, however, a seemingly favorable deal could ultimately threaten your ability to get a green card, prevent you from returning to this country if you travel abroad, or trigger removal proceedings.
Why a plea deal can move you “out of the frying pan and into the fire”
Criminal courts and immigration courts don’t always view a conviction the same way – and it is important to know that a plea deal has the same net effect as a conviction.
A plea agreement offered by the prosecutor may seem generous because it only requires probation, lets you go with time served or keeps you from having a felony on your record. None of that guarantees that the agreement keeps your immigration status safe. Before you accept, an experienced immigration attorney needs to examine the exact charges included in the offer, the language of the plea and the potential consequences you may face under federal immigration law.
While a misdemeanor may seem minor compared to a felony, some can still lead to deportation. Misdemeanor convictions involving theft, fraud, drugs, domestic violence, prostitution, gambling and similar “crimes involving moral turpitude” can drastically alter the trajectory of your immigration case. Similarly, probation may seem excellent compared to incarceration – but immigration authorities will focus more on the offense and the facts of the case, not your sentence.
Sometimes, the wording of a plea deal and what you are required to admit can be structured so that it is less likely to affect your immigration status. Other times, you may need to decide if a plea is really a good deal or if it’s in your best interests to fight the charges in court. Before accepting a deal, it’s wisest to seek informed legal guidance.