Are You an Immigrant or Noncitizen Accused of a Crime?

If you are an immigrant facing criminal charges, the consequences can be severe. Some law firms have separate attorneys for immigration and criminal law. But at our firm, we understand how one can impact the other, and practice both. This is to your advantage when fighting for your rights.

You want the tough and experienced attorneys of DeCosmo Law on your side if you are facing criminal charges in New Jersey. With offices in Camden, Mount Holly and Haddonfield, we are one of the region’s leading immigration and criminal defense law firms, focusing our services on representing immigrants who are charged with crimes that may affect their legal status in this country.

How Do Criminal Charges in New Jersey Affect Your Immigration Status as a Noncitizen?

Criminal charges can have immediate and long-term consequences for noncitizens. Even a minor offense under state law may carry serious immigration consequences under federal law. A conviction can lead to removal (deportation), denial of reentry into the United States, or loss of eligibility for benefits such as adjustment of status or naturalization.

Federal immigration authorities define how criminal convictions are evaluated for immigration purposes, including when a case qualifies as a “conviction” under immigration law. In some cases, even an arrest or pending charge can affect immigration status, travel, or future applications.

Which Criminal Charges Can Affect Your Immigration Status?

Certain charges are more likely to affect immigration status than others. Knowing these categories can help identify your potential risk early.

Do Misdemeanor Charges Affect Immigration Status in New Jersey?

Some misdemeanor charges, such as simple assault or theft, may still impact immigration status depending on the circumstances and prior history. For example, a simple shoplifting charge in Camden County may be treated as a minor offense in criminal court but can still raise concerns under immigration law and affect future applications or admissibility.

What Are Crimes of Moral Turpitude and Why Do They Matter?

These offenses generally involve dishonesty or harmful intent. Examples can include fraud, theft, or certain assault-related charges. A conviction can affect admissibility or lead to removal proceedings. In limited situations, a petty offense exception may apply to a single low-level crime involving moral turpitude if the maximum possible sentence is one year or less and the actual sentence imposed is six months or less. See 8 U.S.C. § 1182(a)(2)(A)(ii)(II).

What is an Aggravated Felony Under Immigration Law?

Aggravated felonies, as defined under 8 U.S.C. § 1101(a)(43), are among the most serious categories under immigration law and can trigger mandatory removal with limited eligibility for relief. They can include offenses such as certain theft crimes, violent offenses, or drug trafficking.

Do Drug Offenses Lead to Deportation or Inadmissibility?

Drug-related charges can carry severe immigration consequences, even for small amounts. These cases require careful evaluation because they can trigger removal or prevent future immigration benefits.

How Does Criminal Defense Strategy Change for Noncitizens in New Jersey?

Criminal defense for noncitizens requires a different approach than standard criminal cases. A resolution that appears favorable in criminal court can still result in serious immigration consequences.

Strategic considerations may include:

• Evaluating how specific charges affect your immigration status
• Negotiating plea agreements that reduce your immigration risk
• Exploring diversion programs where appropriate
• Challenging evidence or procedures that may weaken your case

Criminal and immigration systems operate separately, but they are closely connected for noncitizens. Decisions made in one system can directly impact the other, so they must account for both criminal penalties and immigration outcomes.

Can You Reduce Immigration Consequences After a Conviction in New Jersey?

Yes. These options may include:

• Motions to vacate convictions based on legal error
• Sentence modifications that affect your immigration classification
• Post-conviction relief in certain circumstances

These options are highly case-specific and depend on the underlying facts and procedural history. Acting quickly can preserve your available remedies.

What You Should Do After a Criminal Charge as a Noncitizen

If you’re a noncitizen in New Jersey facing criminal charges, you should:

• Speak with our immigration criminal defense attorneys in New Jersey before discussing your case with law enforcement
• Don’t accept a plea agreement without fully understanding how it will affect your immigration status
• Preserve any evidence related to the incident
• Keep track of court dates and legal deadlines

Taking these steps early can help protect your rights and limit long-term consequences.

A Value that’s Hard to Beat: Two Attorneys in One

These cases require knowledge and understanding of several areas of law. Our attorneys will communicate with you every step of the way. We will honestly assess your case while allowing you to ask any questions you may have. We are not afraid of a challenge and will do everything we can to get you the best possible result. Our attorneys understand what is at stake.

Our legal team includes highly experienced attorneys who specialize in representing immigrants charged with crimes. The firm’s founder, Derek DeCosmo, is considered a thought-leader on the legal and practical issues that arise when immigrants are charged with crimes. Mr. DeCosmo publishes articles and regularly trains other lawyers on the interplay between criminal and immigration law. In addition, Mr. DeCosmo developed and teaches a course on criminal and immigration law at Rutgers Law School, which is the nation’s largest public law school.

Our team has years of experience resolving even the toughest criminal cases for noncitizens. Even a minor charge can result in a bad immigration outcome. You may face prison time, be at risk of deportation, or wind up unable to obtain lawful residence in the United States. That is why it is imperative to have someone you can trust. We can help you with everything from traffic violations to serious drug crimes.

We Know How to Help; Call Now

If you are an immigrant facing potential charges, contact our office today for a consultation at 856-805-2271 or fill out our contact form here. Se habla español.