Criminal trials are some of the most harrowing, stressful experiences that anyone can face. With so much on the line, a defendant might look for ways to reduce the impact of legal proceedings. That is why plea deals may seem attractive to defendants. In exchange for your cooperation, you have promises of leniency.
If you are in this position, you might want to consider your options first— especially if you have a family. Could that plea bargain be a trap? It might feel “too good to be true” in certain ways. What the prosecutor seeks from you is your admittance of guilt. Pleading guilty to a crime can cost you your right to stay in the country with your loved ones.
Lasting outcomes
A plea bargain can follow you long after your acceptance. The Colorado Rule of Criminal Procedure 32(d) states that a defendant must demonstrate “fair and just” reasons to withdraw a plea. Defendants must file a formal motion proving specific circumstances.
Courts accept certain “fair and just” reasons for plea withdrawals. Some limited examples are:
- Fraud and misinformation
- Coercion into accepting the plea bargain
- Mental incapacity
Colorado courts will first determine if you know the facts of your case and the possible penalties. But what you might not know is that plea deals are a straight path to criminal conviction. Not only will you accept penalties, but you limit opportunities to appeal and waive your right to a trial.
A high-stakes risk
When you have built your entire life in the United States, you have so much to lose if you accept a plea bargain. For certain crimes, you are at risk of deportation when convicted. Possession of firearms, drug-related crimes and aggravated felonies are just a few examples. Other unlawful acts may deny you naturalization.
Serious criminal convictions can render you permanently inadmissible (unable to set foot in the US) or deportable. Some examples of these crimes are:
- Crimes Involving Moral Turpitude (CIMT): United States courts generally describe them as acts considered inherently depraved or immoral, such as robbery, tax evasion, or voluntary manslaughter
- Controlled substance violations: Unlawful possession, distribution or creation of illegal drugs or chemicals, whether in the United States or abroad
- Aggravated felonies: A severe category of crimes that result in mandatory deportation, and ineligibility for relief
- Firearms violations: Illegal possession, manufacture, use and transport of guns and ammunition
Criminal convictions may render you unable to return back to the United States if you are abroad. Strict US immigration rules means that criminal convictions can risk your citizenship or residency bid. A plea bargain can seal your fate.
Facing the reality of plea bargains
If you accept a plea deal for serious criminal charges, you face hidden immigration costs for convictions. Plea bargains are a major legal decision that should not be taken lightly. Before you accept, consider your alternatives. Sound legal advice may help you defend your stance and protect your right to remain in the US.