Anxious clients flood immigration lawyers with concerns and questions, particularly in this new era of enforcement. Non-citizens facing criminal charges must be advised on possible immigration consequences of a conviction by their criminal attorneys.
NEW ORLEANS -- Laura K. Gasiorowski of Stahl Gasiorowski Criminal Defense Lawyers is once again teaching the Pre-Trial Motion Litigation Intersession Bootcamp at Tulane University’s School of LawJanuary 8-13, 2018. The program provides second and third year law students at Tulane Law School with practical pre-trial motion litigation experience.
Interest in the jury deliberations in the corruption trial of U.S. Sen. Bob Menendez, D-New Jersey intensified after the first three days of deliberation, and one jurist was replaced with an alternate juror. In covering the Menendez jury deliberations, New Jersey State's leading law journal, The New Jersey Law Journal, interviewed and reported on Robert G. Stahl's assessment of the state of the jury, in their article: "Trial Watchers Expect Just a Few More Days of Deliberations for Menendez Jury."
When someone is facing criminal charges they usually worry about the effects on family, reputation and their freedom. And while one’s freedom is of primary importance, there are also serious collateral consequences from a guilty plea or conviction. The loss of voting rights, inability to own firearms, loss or suspension of professional licenses and freedom of movement are some of the long-lasting effects of a criminal record.
In the federal system, a person may be charged and arrested by way of a complaint or indictment. A complaint is a written statement of essential facts establishing the offense charged made under oath by the agent before a magistrate-judge. Based upon the complaint, an arrest warrant may be issued upon the establishment of probable cause to believe that an offense has been committed and that the defendant committed it. The warrant must list the defendant’s name, or description by which he can be identified, the offense charged, command that the defendant be brought without unnecessary delay before a magistrate-judge and be signed by the judge.
Facing legal challenges from both gun rights advocates as well as the criminal defense bar, New Jersey Attorney General Christopher Porrino on October 20, 2017 issued a memorandum to prosecutors and police departments halting the enforcement of criminal laws that prohibit the possession, manufacture, and shipment of “electronic arms” such as stun guns and Tasers. The legal challenges to New Jersey’s stun gun laws were triggered by a 2016 decision of the Supreme Court of the United States, Caetano v. Massachusetts, in which the Court applied the Second Amendment to strike down a Massachusetts law that prohibited the mere possession of stun guns, even if possessed for self-defense.
With the advent of “smart homes and devices,” we are now in a world once only imagined in science fiction. Our phones now track our every move, contain our internet search histories and record vast portions of our lives through photos, texts, and encrypted messages. Home security devices and cameras record not only strangers coming to your home, but also you and your invited guests. Baby monitors, smart kitchen devices like refrigerators, and home devices like Amazon’s Echo, are always on and potentially recording or transmitting. And therein lies the problem. Anything attached to the internet – the Internet of Things – can be hacked, intercepted or legitimately recorded. Since these devices are in the privacy of our own homes or businesses, they have the ability to capture our most intimate and private conversations and actions.
When an individual is charged with a federal crime, whether by Complaint or Indictment, they are entitled to a Bail Hearing under Title 18 U.S.C. Section 3141 et seq. Under the relevant statute, a person may be released on a personal recognizance bond or unsecured appearance bond; on a condition or combination of conditions; or detained. The standard for the court is whether the person will appear for all proceedings and not be a danger to the community.
Criminal defense attorneys representing non-citizen defendants are obligated to provide advice regarding the immigration consequences of a plea or guilty verdict. The Supreme Court’s decision in Padilla made it clear that failure to do so constitutes ineffective assistance of counsel.
When coming back across our border, law enforcement does not need probable cause to suspect that a crime has been committed, that you were involved, and that evidence of that criminal conduct is on your laptop, tablet or smart phone.