1983 Felony Vacated for Immigrant In Removal Proceedings

second-chance-rubber-stamp-with-text-second-chance-inside-vector-illustration-clipart-vector_csp25901254Client was a 56-year old man who came to the United States lawfully in the early 1980s, but his visa had since expired. In 1983, he made a mistake and was arrested for drug possession/attempted sale in Brooklyn, New York. He pleaded guilty, unaware that he was making himself permanently removable and ineligible to ever legalize or naturalize. In the years, since he built a career and a family with children born here as citizens. He was never in trouble again. Sadly, in the early 2000s, he found himself ordered removed because of the 1983 conviction. He was able to obtain a bond while exhausting all legal recourse.

Finally he came to our offices at Spar Bernstein, and we filed a C.P.L. 440 motion to vacate his conviction because when he pleaded he had not been made properly aware of the immigration consequences of that plea. Providing extensive proof of mitigation — all the good things he had done here in the United States since that one mistake in 1983 — we were able to convince the District Attorney to consent to vacation of his conviction and a repleader to a lesser, non-felony offense that did not carry immigration consequences. Client can now fight his removal in immigration court with a clean criminal record. He has a second chance to stay in his home — the United States — with his family.

If you are accused of a crime or an offense, then it is important you retain the representation of a knowledgeable and aggressive defense attorney to advocate strongly on your behalf. Contact Jake for a free consultation. Attorney Jake Hudnut of Spar & Bernstein, P.C. is here to help!

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