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Defense, appeals important for criminal, immigration cases

On Behalf of | Jun 25, 2019 | Crimmigration

Any type of criminal case can have its complications. When the accused person is also an immigrant in the United States, the case can have even more serious implications. In some instances, a person could be at risk for deportation if a conviction for allegations comes against him or her. Of course, it is important to understand that presenting a defense can go a long way toward successfully resolving such cases.

New Jersey readers may be interested in a recent Supreme Court ruling associated with immigrants and the illegal possession of firearms. The particular case began with a man who had come to the United States on a student visa. After his visa expired, the man remained in the country, which resulted in him having an illegal immigration status. The man then went to a firing range, and that incident resulted in him facing charges for illegal possession of a firearm. During his case, part of his defense argument was whether he had to be aware of his illegal status in order to be convicted of the crime.

The initial court ruling indicated that he did not have to know his immigration status, and an appeals court upheld that decision. However, the U.S. Supreme Court voted 7-2 that individuals must know their immigration status in order to be convicted of illegal possession of a firearm. The two dissenting justices expressed concerns that this ruling could cause adverse effects on already completed cases.

Putting forth the effort to create and present a criminal defense could have substantial impacts for immigrants facing allegations in New Jersey. This type of predicament is certainly difficult to handle, but the right information could help parties push through to favorable outcomes. Consulting with attorneys experienced in both criminal and immigration laws could help individuals in this specific situation.