Options if You Are Undocumented and Charged With a Crime in Texas

Options if You Are Undocumented and Charged With a Crime in Texas

Being an undocumented immigrant is already scary enough. But what happens if you get arrested? It’s a nightmare scenario. The criminal justice system is complicated and confusing. And there’s always the fear of getting deported. This article will walk you through what to expect and your options if you’re undocumented and charged with a crime in Texas.

Arrest and Booking

If you’re arrested in Texas, the police will take you to jail to get booked. They’ll take your fingerprints and mugshot. They might ask for your name, birth date, address, etc. You have the right to remain silent! Don’t answer any questions until you talk to a lawyer. The police might try to get information about your immigration status. Don’t tell them anything!

Making Bail

After booking, the court will decide the bail amount to let you out of jail until your trial. Bail is based on flight risk. Undocumented immigrants are often considered a high flight risk. So your bail might be really high! This is unfair. Being undocumented does not mean you are likely to run away. Ask your lawyer to argue for lower bail.

You can pay the full bail amount yourself. Or use a bail bondsman to pay 10% of the bail. They keep this money. Make sure to show up to all your court dates. If you miss court, you lose the bail money.

Getting a Lawyer

The most important thing is getting a criminal defense lawyer right away! Find someone experienced with defending undocumented immigrants. Ask friends or immigrant rights groups for recommendations. If you can’t afford a lawyer, ask the court to appoint a public defender.

Your lawyer will advise you on the best defense. They can try to get charges dropped or reduced. Don’t take any plea deal without talking to a lawyer first. Certain convictions can lead to deportation.

Avoiding Deportation

Your immigration status makes the criminal case high stakes. Pleading guilty to some crimes can get you deported. Your lawyer’s goal will be avoiding deportation consequences.

For minor charges, they may be able to get charges dismissed or plead to a non-deportable offense. More serious felonies are harder to avoid. You may be able to negotiate with the prosecutor for a plea deal that prevents deportation.

In some cases, your lawyer can help you apply for asylum or visas for crime victims. This can allow you to stay in the US legally.

Going to Trial

If you can’t get charges dropped or plead down, your case may go to trial. Your lawyer will fight to get evidence thrown out and defend your innocence. Some common strategies in trial for undocumented defendants include:

• Filing a motion to suppress if your rights were violated during arrest
• Challenging credibility of witness statements
• Presenting evidence you were unaware drugs/contraband were present
• Showing actions were justified self-defense

If you’re found guilty at trial, your lawyer can argue against maximum sentences. They can also file appeals challenging the conviction.

Getting Out of Jail

Whether your case goes to trial or not, getting out of jail quickly is a priority. Your lawyer can argue to the judge that you’re not a flight risk. They may agree to release you on your own recognizance without bail. Or consider alternatives like ankle monitors.

Some counties have diversion programs that let you await trial at home. Participating in drug counseling or community service can also help secure release. Your ties to family and work in the US are factors arguing for your release.

Immigration Detainers and Deportation

Even if you’re out of jail, ICE may file a detainer request with local law enforcement. This asks police to hold you up to 48 hours for ICE to take custody. Some jails comply automatically. Others require a warrant from ICE.

Your lawyer may be able to fight the detainer and prevent transfer to ICE. Some counties have sanctuary policies limiting cooperation with immigration enforcement.

If you are detained by ICE, you can request a bond hearing to seek release. Your lawyer can represent you in immigration court and help you apply for relief from deportation if available.

Getting Legal Immigration Status

Some options exist to gain legal status even after a criminal conviction. Your lawyer can advise if you may be eligible for:

• U visa for crime victim cooperation
• T visa for human trafficking victims
• VAWA self-petition for domestic violence survivors
• Cancellation of removal showing hardship to family

These options are limited and complex. Having an experienced immigration lawyer is important when seeking status after a conviction.

Conclusion

Being undocumented and charged with a crime is scary. But working with a good lawyer knowledgeable about immigrant rights can help avoid disastrous outcomes. Don’t lose hope. Fight your criminal case and explore options to stay in the US legally. Groups like the ACLU and legal aid organizations are resources to turn to. With perseverance and the right legal strategies, you can get through this difficult situation.

References

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