New CA Law Protects Immigrants Charged with Drug Crimes

LA Criminal Lawyer

For many facing criminal charges in California, the consequences that a conviction would have on a non-citizen's immigration status can be a primary concern.  For this reason, it is important that non-citizens facing criminal charges consult with an immigration attorney about their case, as well as ensure that their criminal defense attorney is familiar with the impacts that criminal convictions can have on one's immigration status.  One of the more troublesome categories of crimes affecting immigration status is controlled substance offenses.  In other words, those charged with drug crimes, whether simple possession or sales, can end up being deported or suffer other negative immigration consequences if convicted.  Some help is on the way.

AB 2195, the Alternate Plea Act, was signed into law by California Governor Gavin Newsom, continuing his trend of approving criminal justice reform legislation throughout his tenure as the state's chief executive.  The new law will enable prosecutors to offer a public nuisance charge plea to defendants facings drug convictions.  This means that prosecutors can use their discretion to change the charges a person is convicted of in order to avoid the negative consequences that follow a drug crime conviction.  The idea is to avoid the specific harm that these convictions have on immigrants and their families when facing drug charges.

It is important to note that defendants in these cases are not getting off without penalty.  Defendants will still be convicted of a crime, which can be either a misdemeanor or a felony, but the crime is crafted in such a way as to not run afoul of Federal immigration law.  This provides the criminal justice system with a new tool to craft dispositions that will not result in negative immigration consequences while still being able to hold individuals accountable for crimes. 

Ultimately, whether a person is given this break will be up to prosecutors' discretion.  In tougher courts, expect that this will be an uphill battle for defendants and their attorneys, as it will for those with prior criminal histories.  This law will be most helpful to those facing drug charges for the first time, or who present other mitigating information to persuade prosecutors to give them this break.

Obtaining an immigration-safe negotiated disposition requires good litigation and negotiation skills on the part of your criminal defense attorney.  Your lawyer will need to gather evidence of your good moral character, including proof of schooling and employment, drug treatment and counseling, character letters, awards and certificates, as well as proof of participation in community service organizations.  These factors can help sway a prosecutor who is on the fence as to offering an immigration-safe plea.

Learn more about vacating a plea for immigration reasons

IF YOU OR A LOVED ONE IS FACING CRIMINAL CHARGES IN CALIFORNIA, CONTACT THE LAW OFFICES OF NICHOLAS LONCAR FOR A FREE CONSULTATION WITH A LOS ANGELES CRIMINAL DEFENSE ATTORNEY TO DETERMINE THE BEST WAY TO FIGHT YOUR CASE AND GET STARTED WITH YOUR DEFENSE.  213-375-3775.