Los Angeles Criminal Defense Lawyers & Immigration Consequences

A frequently encountered issue with Immigration proceedings and criminal law is an old conviction, or probation case, which has raised a red flag with the INS. Often the INS will begin deportation proceedings 10-15 years later, against someone who has led a trouble-free life for many years, working, raising a family, and being an overall model citizen. Our criminal defense lawyers have represented numerous clients in this situation.

There are numerous legal mechanisms to vacate, or attack, a prior conviction. We have successfully used a "Writ of Corum Nobis" in situations where clients were not advised of all immigration consequences at the time their plea was taken. Another option is to attempt to re-negotiate the old charges with the prosecutor's office, to seek an agreement that the crime of moral turpitude is dismissed, and substitute in its place an offense that is more innocuous in the eyes of the INS.

Alternatively, if you or loved one is facing an open criminal case in Southern California, a conviction may cause direct and grave consequences to one's immigration status, often leading to deportation proceedings. The INS guidelines are often very complex and our criminal defense attorneys frequently confer with immigration law specialists to properly advise clients. Before going to court, our Los Angeles criminal lawyers discuss with clients their immigration status. We seek charges that are not considered by the INS as moral turpitude offenses subject to deportation, and to convert any possible custody time to community service work.

In Los Angeles, the L.A. County Sheriff's Department responsible for running the jails verifies immigration status upon receiving an inmate. As a result, as soon as an inmate is in custody (even if charges are later dismissed), an "immigration hold" may be placed subjecting him or her to deportation proceedings. The inmate may be deported from the United States after the INS picks the inmate up from Sheriff's custody. The saddest part is that the inmate may be innocent of all charges, and still be deported because his immigration status is questioned.

Deportation may be preventable, especially when a defendant has financial resources to bail out immediately after an arrest. In Los Angeles County, a defendant is typically transferred into Sheriff's custody from the arresting agency's jail within 48 hours of arrest. This happens ordinarily right after the arraignment. Subsequently, a criminal disposition may be reached in court without jail time. An immigration hold in Sheriff's jail is avoided, as the accused is out on bail and his immigration status is typically  not checked within the court system.

We specialize with assisting clients in all Los Angeles criminal defense issues as they impact Immigration, including DUI, Sex Crimes, White Collar Crimes, Drug Crimes, Violent Crimes , Federal Crimes, Domestic Violence, Juvenile Crimes , Three Strikes Crimes, Theft Crimes, property crimes, internet crimes, hit & run, and probation violation. Additionally, we are able to help clients with their warrant, DMV suspension, and expungement matters.

For our clients' convenience, we have offices in the vicinity of courthouses in Antelope Valley, Beverly Hills, Burbank, Glendale, Long Beach, Los Angeles, Pasadena, San Fernando, South Bay, Ventura, Valencia, Whittier, and San Bernardino, and we are accessible 24 hours a day, 7 days a week. Our main office is directly across the street from the Van Nuys Court and the Van Nuys LAPD Jail.

Contact Kestenbaum, Eisner & Gorin, LLP today!