Green Card holders and those who are not citizens need to be aware of the serious consequences of a Refusal To Submit to Breath Test. In New Jersey, an individual suspected of driving while intoxicated who refuses to take a breathalyzer test may be charged with...
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Criminal Law & Municipal Court
New Jersey Criminal Law and Immigration: Conditional Discharge May Help First-Time Drug Offenders Avoid Deportation
Individuals charged with minor drug offenses in New Jersey in municipal court may be offered an opportunity to apply for and receive a conditional discharge. For a non-US citizen, it is critical to always consult with immigration counsel first before doing anything...
Ten Things Every Criminal Lawyer Needs to Know About Their Immigrant Clients
1. Never assume that your client is a United States Citizen just because he/she appears to be. Just because your client has no accent and acts and talks like everybody else does not necessarily mean he/she is a citizen!2. Lawful Permanent Residents are not the same as...
Can I Be Deported Even If My Criminal Charge Has Been Dismissed?
For an illegal or undocumented alien, sometimes the ramifications of a New Jersey arrest arising out of an alleged criminal act are more harmful than the penal consequences of the act itself. By this point, most if not all serious criminal defense practitioners are...
Are There Immigration Consequences to New Jersey 2C:33-2.1 Wandering for Drugs?
Foreign nationals charged with drug-related crimes in New Jersey need to be aware that there may be consequences that extend far beyond the criminal penalties associated with the offense. In the immigration context, a conviction for a crime that involves controlled...
Are There Deportation Consequences to 2C:33-2 New Jersey Disorderly Conduct?
Considered something of a "catch-all" because it covers such a broad range of unlawful conduct, Disorderly Conduct is one of the most frequently charged criminal offenses in New Jersey. It is usually lodged as an original offense or in many cases, offered as a...
What is the Effect of a New Jersey Expungement on Immigration Status?
The short answer, at the risk of being overly simplistic, is that there is no effect. Expungements, in general, are often very useful to individuals who have pled or been found guilty of criminal offenses; however, it does not vitiate the effect of such a conviction...
Immigration Effect of Disorderly Conduct in New York
One very common type of criminal offense that is frequently charged in New York is the offense of Disorderly Conduct. It is found in Section 240.20 of the New York Penal Law. It is defined as follows:A person is guilty of disorderly conduct when, with intent to cause...
Could NJ Theft of Services (2C:20-8) or 16:87-2.2 Have Immigration Consequences That Get You Deported?
Theft of Services is a common criminal offense charged in New Jersey given that the statute covers a broad range of criminal conduct. Some people may be surprised to learn conduct such as evading or willfully failing to pay transportation fare is potentially a...
Can New Jersey Criminal Mischief 2C:17-3 Affect My Citizenship Application?
One of the core requirements for naturalization is a showing of good moral character ("GMC") during the statutory period, which in most cases, is five years. Any criminal conviction or even arrest during that period could potentially affect a showing of good moral...