Drug Convictions In Florida May Have Immigration Consequences
Whether possession, distribution, or trafficking, drug-related offenses are taken extremely seriously in the United States. Florida is one of the states with the harshest drug policy, imposing mandatory minimum sentences and other serious consequences on defendants. However, what many Floridians are unaware of is that drug crimes can also affect a person’s immigration status, whether they are documented or undocumented.
Criminal And Immigration Penalties
In addition to whatever penalties a defendant might receive if they are convicted of a drug crime in Florida, they may face consequences like deportation if they are not a U.S. citizen. Immigration law is differently adjudicated than state or federal criminal law, with different definitions used for certain terms, and it can be quite confusing for the average person. One of the most commonly used terms is an aggravated felony, which is a term used for a disparate group of serious crimes, including drug trafficking.
Perhaps the most important thing to be aware of if you have been charged with a drug crime in Florida is that some of these offenses may qualify as an aggravated felony for purposes of immigration without being either ‘aggravated’ or a ‘felony’ by the standard criminal definition! Many drug crimes will qualify, but even if yours does not meet the definition of an aggravated felony, you may still find yourself in immigration court after the fact.
Inadmissibility vs Deportability
If you are an immigrant charged with a drug crime in Florida, and you are found guilty, you may be found either inadmissible or deportable (or, in some rare cases, both). The difference between the two has to do with your status before your legal trouble – if you have been officially admitted to the United States, you will be deportable; if you have not, you will likely be declared inadmissible – but you may still be removed from the United States.
The concept of inadmissibility can be confusing for the average person, but the important fact to keep in mind is that admission and entry are not the same thing. For example, if a person enters the U.S. without being legally inspected, they have not officially been admitted. Inadmissibility means they cannot now be admitted, which means they have no right to remain in the country and will be removed.
Call A West Palm Beach Drug Crimes Attorney
If you have been charged with drug offenses as an immigrant, it is crucial that you enlist the right West Palm Beach drug crimes attorney to protect your rights. The firm of Perlet & Shiner, P.A. has handled these types of cases before, and will work hard to ensure that you never need to worry about immigration consequences. Call our office today to speak to an attorney.
Source:
uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility
