Everyone has certain rights in the United States, including immigrants and those here without visas. These rights extend to protections during criminal proceedings, which our lawyers can remind you of throughout your case in Utah.
Your immigration status will not affect your criminal case in terms of your rights throughout the process. Immigrants, whether in the country legally or not, have the right to counsel and the right to remain silent, like any other resident or citizen. Being convicted of a crime in Utah could result in deportation for some immigrants, depending on their status and the seriousness of the charge. Because deportation is a concern for many immigrants who get arrested in Utah, it is doubly important that they invoke their right to remain silent and refrain from speaking with law enforcement after getting arrested. Instead, defer to our lawyers to handle any necessary communications with the police and prosecutors as we prepare your defense against criminal charges in Utah.
To get a free case and confidential review from our Salt Lake City criminal defense lawyers, call Overson Law, PLLC now at (801) 758-2287.
Will Your Immigration Status Affect Your Rights During a Criminal Case in Utah?
Regardless of your legal immigration status in this country, you still have rights, including the right to a trial, the right to remain silent, and the right to an attorney, among others. If police officers violate your rights while arresting you or any time while you are in police custody, inform our lawyers, as the charges against you might get dismissed because of rights violations.
As mentioned, everyone has the right to an attorney, whether they are American citizens, green card holders, or are in the country without visas. You can and should invoke that right immediately following an arrest. This is especially important for immigrants, as even those with legal status could risk deportation if convicted of serious crimes in Utah. Facing charges without counsel for any period of time could put you at a disadvantage in your case.
While immigration status will not affect your rights during a criminal case, it could impact how bail is set. Prosecutors might argue that a defendant’s immigration makes them a flight risk and request higher bail than is necessary or ask that the judge remand the defendant without bail. In these situations, we can help defendants get fair bail by demonstrating their ties to the community. Our South Jordan, UT criminal defense lawyers can also explain how a defendant’s family or loved ones might post bail so that they can participate in their defense from the comfort of their own home.
Can a Criminal Conviction Affect Your Status in Utah as an Immigrant?
When American citizens are arrested for crimes in Utah, their primary concern may be avoiding conviction. However, when immigrants are arrested, they might have the added concern of deportation from the United States.
Those in the U.S. legally on green cards could be deported for certain criminal convictions in Utah, like aggravated felonies, firearms offenses, and certain drug offenses. Less serious offenses may not result in deportation for immigrants otherwise legally living in the United States, and negotiating a plea deal might benefit defendants in these situations, helping them avoid deportation if that is their goal. Still, being found guilty of or pleading guilty to a crime, even a misdemeanor, could lead to deportation of green card holders if the judge decides it was a crime of moral turpitude, meaning behavior that was unethical, immoral, or unjust.
Individuals in the United States illegally face a higher risk of deportation after an arrest and conviction in Utah. Upon learning of a defendant’s illegal status in the U.S., police officers or prosecutors might alert Immigration and Customs Enforcement to initiate deportation so as not to waste resources on prosecuting a defendant.
Notably, Utah became one of several states with “364-day” laws with the passing of HB 244 in 2019. This law lowered the maximum sentence for misdemeanors to just under a year in county jail. These laws are designed to benefit immigrants specifically so that they are not deported for low-level offenses in Utah.
What Should Immigrants Do After Getting Arrested in Utah?
After getting arrested for a crime in Utah, no matter your status as a citizen or resident, you should not say anything to law enforcement apart from asking to contact your counsel.
Do not discuss your immigration status with law enforcement at any time or have any conversations with them without our lawyers there. Though being arrested for a crime is distressing, especially for those whose residency in the country is in jeopardy, it is important to remain calm and stay quiet until conferring with our attorneys. Though you should not talk to law enforcement, pay attention to what they say and do in your presence following the arrest, and tell our lawyers everything you can remember, no matter how inconsequential it may seem.
If law enforcement knows about your immigration status before an arrest, they might try to use that as leverage during interviews. While there is a risk of deportation if convicted, those with legal status in the United States should not face deportation if charges are dropped.
Not all arrests lead to trials for various reasons. After an arrest, our lawyers will review the charges and the evidence that led law enforcement to proceed with the arrest. If the prosecution continues to build a case against you, we can identify viable defenses to avoid jail time and other serious penalties. While we prepare your case, give our lawyers any relevant information, such as any witnesses whose testimony could strengthen your defense or a potential alibi you have.
Call Our Lawyers in Utah to Discuss Your Criminal Case Today
Call the Bountiful, UT criminal defense lawyers of Overson Law, PLLC for a free case assessment at (801) 758-2287.
