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posted on 10/19/18

If you are going through the US immigration and naturalization process, you may be aware of the serious consequences of being involved in criminal activity. You could be subject to removal, denied citizenship, and immediately deported. Though you may be working with an immigration attorney regarding your case, you should consult with a knowledgeable Illinois criminal defense lawyer as soon as possible after an arrest. It may still be possible to obtain a favorable result that will not impact the immigration process. Some important information may help you understand the serious nature of your situation.

Arrest is Not a Conviction

Regardless of whether you are a US citizen or have immigrant status, there is a big difference between getting arrested and being convicted. Generally, law enforcement officers only need probable cause to charge you with a crime. Once arrested, a much higher level of proof applies. A prosecuting attorney must prove that you are guilty beyond a reasonable doubt. Therefore, there is no criminal conviction if you were arrested and:

The charges were eventually dismissed, usually because the prosecutor attorney does not have enough evidence to meet the required burden of proof; or,
Your case when to trial, but the judge or jury acquitted you because the prosecutor did not present sufficient proof.

In addition, an arrest does not equal a conviction if you were found delinquent in juvenile court, or when your case was resolved through probation.

An Arrest May Still Matter

Under US immigration laws, you must show that you are of good moral character, which could put an arrest in the spotlight. Immigration officials may view any criminal activity as being in conflict with federal statute, even if you are not convicted on the charges. An arrest on drug possession or trafficking, or which is related to drug abuse, is especially damaging. These types of charges may affect your immigration status and lead US immigration authorities to deny your application for citizenship.

Prior Criminal Activity

On the immigration forms you complete as part of the naturalization process, you must disclose all arrests, citations, or detentions by law enforcement. You will also need to reveal participation in criminal activity, even if you were never arrested or convicted. The focus is on your good moral character, not your official criminal history. Officials will look to the five years before you file, but they may dig deeper into your past if there is significant evidence of bad moral character.

Consult with an Illinois Criminal Attorney About Defense Strategies

If you are an immigrant with any status, there are high stakes for an arrest and conviction. With the help of an experienced criminal defense lawyer, you may be able to avoid serious consequences and leave your immigration status intact. For more information about your defense options in a criminal case, please call Glasgow & Olsson at 847.577.8700 or visit our website. Our attorneys represent residents in DuPage, McHenry, Cook, and Lake Counties, and throughout the Chicago area, so contact us to schedule a consultation today.

(image courtesy of Raul Najera)