Deportation Defense in Birmingham
Criminal convictions carry serious penalties. If you have been accused of a crime, you should seek out a Birmingham deportation defense attorney as soon as possible. Representing yourself without knowledge of the nuances of the law could prove costly and ineffective.
Relying upon the assistance of a government-appointed lawyer, or legal aid attorney can also be problematic. Legal aid attorneys are often overworked, underpaid, and given so many cases that they cannot devote sufficient time to preparing your case.
If someone has questions or concerns about their criminal case and the possibility of being deported, speak to a Birmingham deportation defense lawyer as soon as possible. Contact an experienced immigration attorney to begin discussing your case.Understanding the Criminal Laws
Prosecutors are required to prove their cases beyond a reasonable doubt. The beyond a reasonable doubt standard favors the defendant because it is the highest standard of proof that must be met in any legal proceeding. In fact, civil courts (as opposed to criminal courts) utilize lower standards of proof, such as requiring proof by a preponderance of the evidence or proof by clear and convincing evidence. A case is easier to prove in civil court than in criminal court.
A prosecutor’s failure to satisfy every element of a crime may result in a jury finding for the defendant. Many crimes have multiple elements, including the mens rea and the actus reus.
The mens rea refers to the mental state that the defendant had at the time of the alleged commission of a crime, for instance, intentionality, recklessness, criminal negligence, et cetera. The actus reus refers to an overt act, meaning that the commission of a crime took place by an act undertaken by the defendant.Types of Defenses
The most common types of defenses include insanity, impossibility, self-defense, duress, voluntary departure, prosecutorial discretion, motions to suppress, and asylum. To successfully raise the insanity defense in Alabama, a criminal defendant must prove that they did not know that their conduct was wrong; or did not understand the nature of the conduct.
An impossibility defense means that a crime could not be committed due to some circumstance, such as a defendant’s alibi placing them at a different location than where the crime was committed.Understanding Motions to Suppress and Asylum Defenses
If a criminal defendant was mistreated or unconstitutionally searched by a member of law enforcement or an ICE agent, a Birmingham deportation defense lawyer may be able to file a motion to suppress evidence obtained by improper or illegal means.
An individual may be granted asylum if they can prove that the unwillingness to return to a home country is due to fear of being persecuted based on race, religion, nationality, political opinion, or other similar reason.What is Stand Your Ground?
Alabama is a “Stand Your Ground” jurisdiction, meaning a person can use physical force if they have a justifiable reason and are not the original aggressor. An individual claiming self-defense in Alabama is not required to retreat from a confrontation
Duress means that if a defendant was coerced by a threat of imminent death or serious bodily harm to themselves or others, conduct may be excused if the accused crime is not a murder or other aggravated killing.
In certain circumstances, it benefits the defendant to voluntarily depart the country, rather than be forced to depart by other means.Prosecutorial Discretion
A Birmingham deportation defense lawyer may be able to apply for prosecutorial discretion, requesting that the United States Department of Homeland Security Immigration and Customs Enforcement (ICE) discontinue working on a deportation case in very narrow, limited circumstances. ICE considers these factors, and others, when making its determination:
- The defendant’s pursuit of education
- The defendant’s length of stay in America
- Whether the defendant or close relative served in the military
- The defendant’s contributions to the community
- Whether the defendant has a US citizen or permanent resident spouse, child, or parent
- The defendant’s age
- The defendant’s criminal background
If you have been accused of a crime that could result in a possible deportation, the law considers you innocent until proven guilty. Depending on the facts of the underlying matter and the seriousness of the charged criminal offense, an attorney may be able to assist with securing a resolution that permits you to stay in the country.
Instead of deportation, some defendants have received sentences of incarceration, community service, fines, or participation in rehabilitation programs. While prior results do not guarantee future outcomes, contact a Birmingham deportation defense lawyer now for an initial consultation.