Encounters with U.S. Department of Homeland Security (DHS) agents and other federal and state law enforcement agencies may have serious consequences. If you are not a U.S. citizen and you are arrested or charged with a crime, you could face detention or deportation and punishment for the crime by criminal court. If that occurs, you should seek help from an experienced federal defense attorney to ensure you comply with the government but do not jeopardize your rights.
The immigration lawyers FL at Bassey Immigration Law Center are available to assist you in requesting your records from DHS and other law enforcement agencies. We will analyze these records and advise on their possible immigration consequences. Our attorneys fully understand the immigrant experience and know how to fight for your future.
Types of Federal Offenses
Federal offenses are those crimes violating U.S. federal laws. Federal crimes may include the following:
Any crime involving the defrauding of the U.S. is a federal offense. Felonies are punishable by more than one year in prison. Aggravated felonies are especially serious crimes, including:
- murder,
- rape,
- child pornography, or sexual abuse of a minor
- Human trafficking,
- kidnapping,
- drug trafficking
- and disclosing classified government information are all aggravated felonies.
Remember that aggravated felonies under immigration law may differ from those in criminal law. Congress determines which crimes are considered aggravated felonies when it comes to immigration. Further, certain misdemeanor offenses are considered felonies for immigration purposes.
Because the list of aggravated felonies changes according to congressional decisions, a prior crime can become an aggravated felony in retrospect. Someone convicted of a crime could face deportation even though it was not an aggravated felony at the time of commission.
Consequences of Federal Criminal Activity and Immigration
Federal offenses have consequences for those immigrants who have been lawfully admitted, those seeking admission, and those who are in the country without lawful admission.
Those who are lawfully admitted may find themselves removed and deported. Aliens seeking admission to the U.S. are either barred from admission or, if currently in the U.S., removed from the country.
Illegal Re-entry
Undocumented immigrants are not committing a federal crime simply by their presence in the U.S. That is a civil violation. However, it is a federal felony to cross the U.S. border if previously deported or denied admission. Such illegal re-entry can result in imprisonment along with fines. Illegal re-entry is among the most common of immigration crimes.
When a deported person returns illegally to the U.S. and is convicted, the punishment depends on why they were deported. For example, if an immigrant is deported and removed due to violent or drug-related crimes, the prison sentence is generally much longer. As per 8 U.S. Code § 1326, if the person’s removal was “subsequent to a conviction for commission of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony),” they face up to 10 years in prison.
However, if the person’s removal was related to an aggravated felony conviction, they can face up to 20 years behind bars.
What to Do If Contacted by Federal Agents
Federal agents may contact you in different ways, sometimes with an unannounced visit to your home, other times with a phone call. However the contact occurs, do not answer any questions until you have spoken with an attorney. Remember that lying to a federal agent or providing fraudulent documents is a felony offense. Remain calm and respectful, but decline to respond until you have legal representation.
Federal Investigation Process
The goal of prosecutors in a federal investigation is to secure an indictment, followed by a conviction. The investigation can take years. When prosecutors believe they have sufficient evidence to secure indictments, they notify the defendants.
Stages of a Federal Investigation
- Target letter: A federal target letter serves as formal notification, usually from the U.S. Attorney’s Office or agencies like the FBI, that you are a target in a criminal investigation. It signifies that prosecutors believe they possess substantial evidence linking you to a federal crime. Target letters are often issued around the same time a grand jury investigation begins, but receiving one doesn’t automatically mean charges will be filed.
- Subpoenas: A subpoena is a legal order requiring you to appear before a court or grand jury. While you have the right to remain silent and avoid self-incrimination, you must comply with the subpoena unless your attorney successfully challenges it. Exceptions may include defects in the subpoena’s validity or violations of your constitutional rights. Your attorney can advise whether there are grounds to “quash” the subpoena and will also prepare you for any potential testimony.
- Interviews: The federal investigators interview suspects, witnesses, and others involved in the case. Never consent to an interview without consulting your attorney.
- Indictment: An indictment is a formal notice issued by a grand jury stating that prosecutors believe you committed a crime. It sets out the specific charges against you and marks the beginning of formal criminal proceedings.
- Trial: It can take months before a case is tried. The trial itself usually lasts a few days, but that varies by the case. If found guilty, the person is sentenced approximately 75 days later if in custody. If out of custody, the sentencing takes place in 90 days.
How a Federal Defense Investigation Lawyer Can Help
For most criminal grounds for deportation, but not all, a conviction is required. That is why hiring an experienced federal defense investigation lawyer is critical. We thoroughly investigate your case and its facts to provide the best defense possible.
Your federal defense investigation attorney may try to get your criminal charges reduced. Under some circumstances, we may prove able to get these charges dropped. Depending on your case, we may also negotiate for certain pleas that do not automatically result in removal. Of course, we will always provide the most effective defense for you to avoid conviction.
If you are convicted, our work does not end. A federal defense investigation lawyer can handle your appeals and work to reduce your sentence.
FAQs
What should I do if I receive a federal subpoena?
Upon receiving a federal subpoena, seek legal counsel immediately. Do not attempt to handle any aspect of this matter on your own.
What is a target letter?
A target letter is a formal notice from federal prosecutors that you are the “target” of a criminal investigation, meaning they believe substantial evidence links you to a federal crime. While target letters can be used in many types of cases, they are most commonly issued in white-collar investigations.
Can a non-citizen be released on bail in a federal criminal case?
A non-citizen can obtain bail in a federal criminal case. However, courts consider various factors, including the individual’s flight risk, immigration status, and the severity of the charges, when making their decisions. Bail considerations for non-citizens are far stricter than those of U.S. citizens, and the services of a skilled immigration attorney are required.
What are the chances of avoiding deportation after a federal conviction?
The likelihood of avoiding deportation depends on the type of conviction. Aggravated felonies and most drug or firearm offenses almost always lead to removal. However, a lower-level, nonviolent, or white-collar conviction may not automatically result in deportation. An experienced immigration lawyer can develop a defense strategy, such as challenging the conviction on appeal or seeking immigration relief, to help protect your status.
Contact a Federal Investigation Defense Attorney
If you are facing federal criminal charges, you need the services of the experienced deportation and removal defense lawyers at Bassey Immigration Law Center. Look to our knowledgeable law firm for thoroughly researched recommendations, workable strategies, and responsive service for the entirety of the immigration process. You can count on us to provide full accessibility to your suggestions, questions, and concerns. Contact us today to schedule a consultation.