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Being charged with a crime is terrifying. For immigrants – especially those who aren’t U.S. citizens — the fear is often compounded by concerns about deportation, immigration status and language barriers.
Your situation may feel hopeless, but it’s crucial to remember that the U.S. Constitution extends many legal protections to non-citizens, regardless of immigration status. Knowing these rights can make a decisive difference in the outcome of a criminal case.
Right to an attorney
Immigrants have the right to legal representation in criminal proceedings. If you cannot afford an attorney, the court must appoint one for you. However, the government doesn’t typically provide free attorneys for immigration consequences, even if those consequences stem from a criminal charge.
Right to remain silent
Like any U.S. resident, immigrants have the right to remain silent when questioned by law enforcement. Anything said can be used against you in court or in immigration proceedings. For this reason, it’s best not to engage in conversations without legal counsel.
Right to a fair trial
As you may know, American citizens are entitled to a fair trial by jury in criminal law cases. Surprisingly to many, non-citizen immigrants also have this right. This includes the right to challenge evidence, present witnesses and cross-examine the prosecution’s witnesses.
Other constitutional protections
Non-citizens in the U.S. are protected under the Constitution’s Fourth and Fifth Amendments. This means police cannot search your home without a warrant and cannot force you to confess to criminal conduct. Violations of these rights may lead to evidence being excluded.
A conviction can have serious effects on immigration status, including deportation. It’s essential to have seasoned representation to protect your rights on all fronts, regardless of citizenship.