A plea deal can bring a criminal case to a quicker resolution, which may seem like a relief when you are facing charges. If you are not a U.S. citizen, however, resolving the case this way may raise concerns for your immigration status that you cannot afford to overlook.
Here are some factors to consider before accepting a plea agreement.
A reduced charge is not automatically safe
What looks like a major improvement in criminal court could still create problems for your immigration status. A prosecutor may offer to reduce a charge or recommend a lighter sentence, but immigration law can evaluate the final outcome differently from Tennessee criminal law. The label of a misdemeanor or other reduced offense alone does not tell you whether immigration problems could follow.
The way your case ends matters
The specific outcome entered in your criminal case can affect how immigration authorities view it. Federal immigration law lists certain convictions as grounds for removal, including some crimes involving moral turpitude, aggravated felonies and certain drug or firearm offenses.
Tennessee also offers different ways to resolve criminal cases. For example, judicial diversion can involve a guilty plea, finding of guilt or plea of nolo contendere while the court delays entering the judgment during the probationary period. Pretrial diversion works differently and does not require a guilty plea or finding of guilt. Those differences can matter when you consider the broader consequences of a resolution.
Consider immigration consequences before accepting
Your attorney needs to know about your immigration status before you agree to a plea so the potential outcomes can receive proper consideration. You may want to understand how each proposed resolution could affect your ability to remain in the country, pursue an immigration application or protect the status you already have.
Waiting until after you accept a plea can limit your options. Raising these concerns before you agree to a plea deal gives your attorney an opportunity to consider them as part of your defense strategy.
Look beyond the immediate outcome
The consequences of a plea can extend beyond the sentence imposed in your criminal case. Reviewing your situation with your attorney can help you understand what you could face in criminal court while also identifying potential immigration concerns before you make a decision.
If your immigration status could be affected, getting legal assistance before accepting a plea can help you account for those consequences as you decide how to resolve your case.