Criminal Charges Can Affect Your Immigration Status in NJ

Failure to understand immigration consequences is not always the reason for pleading guilty to criminal charges in New Jersey. The case of State v. Nunez-Valdez (200 N.J. 129 (2009)), resulted in substantial changes in the way criminal pleas are handled where there may be negative immigration consequences. In a case where defendant, in the country illegally at the time, was charged with third degree burglary, third degree resisting arrest and second degree attempted aggravated arson to and entered a plea to third degree burglary and fourth degree defiant trespass in the Hudson County Superior Court. The plea agreement permitted the State to argue that the court sentence defendant to a term of up to three years but defendant's lack of criminal record made it likely defendant's argument for a probationary sentence involving participation in an alcohol abuse program would prevail. At sentencing, defendant stated he was aware intoxication might be a defense to some of the charges included yet waived the right to assert that defense. Defendant later made application for his green card then was arrested by Immigration and Customs Enforcement (ICE) and detained at the Essex County Correctional Facility as a result of the Hudson County conviction. At that time, defendant began to assert his innocence and stated he would never have entered a guilty plea had he known the immigration consequences. The New Jersey Appellate court found defendant knowingly and voluntarily entered the guilty plea in order to receive a probationary sentence rather than incarceration. They Appellate Court also decided that any immigration consequences to defendant could not be linked directly to the guilty plea due to the passing of years between the plea and the detention. Criminal charges of any kind, including shoplifting, should not be taken lightly if you are not a U.S. citizen. If you are not a U.S. citizen and you have been charged with a crime you should seek an experienced criminal defense attorney immediately to protect your rights and immigration status. For more information on criminal or municipal court/traffic matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.

Should a Confession Given While Under the Influence Be Suppressed in NJ?

A defendant convicted of second-degree illegal possession of a weapon won a motion to suppress the confession and had the guilty verdict overturned based on his being under the influence at the time he confessed. The motion was granted on the basis of defendant's preconfession statements to police that he was not mentally fit at the moment due to drugs coupled with inquiries he made regarding waiver of his right to counsel which indicated lack of adequate understanding thereof. Prior to obtaining a confession, the police are required to unscrupulously honor your request your rights to remain silent and to have an attorney present. If police fail to appropriately determine whether you are able to understand your rights while under the influence of drugs, you may be entitled to a suppression of evidence. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are facing criminal charges as a result of a confession and believe you may be entitled to suppression of the confession, you should consult an experienced traffic law attorney immediately in order to protect your rights. For more information on suppression, confessions, weapons charges, drug charges or other criminal law or municipal court matters in New Jersey visit HeatherDarlingLawyer.com.