In some cases a non-U.S. citizen may withdraw their guilty plea to avoid immigration consequences

In some cases it is possible to withdraw a guilty plea or no contest plea in the California Courts. Sometimes a plea of guilty is entered by a defendant who does not understand the consequences of what he or she is doing. A guilty or no contest plea, even to a misdemeanor can have serious consequences.

This is especially important for non United States citizens. If you are not a U.S. Citizen a guilty plea, even to a misdemeanor, if it is a crime of moral turpitude (CMT), can result in your deportation or exclusion from this country.

What is a crime of moral turpitude?
A conviction involves moral turpitude if one or more of the elements of that offense have been determined by the U.S. State Department to involve moral turpitude. The most common elements involving moral turpitude are:
(1) Fraud;
(2) Larceny;
and (3) Intent to harm persons or things.

Often in Los Angeles County guilty pleas to misdemeanor and felony CMT’s are entered by non U.S. Citizens in the Los Angeles County Courthouses and many others. Non-United States Citizens sometimes plead guilty to crimes such as Penal Code 647b (Prostitution), petty theft or burglary, possession of drugs for sale, DUI involving injury, domestic violence or spousal abuse, or fraud. Even as misdemeanors these crimes can have devastating consequences for an immigrant.

The number one issue with non-United States citizens entering guilty pleas to misdemeanors is that they don’t realize the immigration consequences of their guilty plea until they try to become a naturalized citizen, try to adjust their immigration status, or obtain a green card . This could be because they were not represented by a lawyer, their lawyer didn’t tell them about the immigration consequences or they didn’t understand because of translation problems.

A guilty plea to a crime of moral turpitude can result in deportation from the United States or exclusion from entry. The best way to avoid the immigration problems of a guilty plea is not to plead guilty! Before entering a guilty plea to any crime you should seek the assistance of a qualifed attorney in the Pasadena or Los Angeles County area. He or she can advise you on the consequences of your actions. Often with a misdemeanor it is better to go to Jury trial then to accept a guilty plea with immigration consequences.

How can I withdraw the guilty plea? In some cases a guilty may be withdrawn if the Defendant entered the guilty plea without knowing the consequences of the plea. In particular if a non-citizen is not advised by their attorney of the immigration consequences of their guilty plea it may be withdrawn in some cases.

If you have already entered a guilty plea and wish to withdraw it you should consult with a qualified criminal defense attorney as soon as possible. Strassburg, Gilmore & Wei are qualified criminal defense attorneys. We are located in Pasadena but can help people all over Los Angles County, Orange County, Riverside County, Ventura County and San Diego County. We have attorneys who handle cases in Pasadena, Los Angeles, Glendale, Burbank, San Gabriel, Arcadia, Alhambra, El Monte Pomona, Whittier, Compton, East Los Angeles, West Los Angeles, Van Nuys, San Fernando and Norwalk. We also have qualified immigration lawyers who can help advise clients of the specific immigration consequences of their actions.