As a Spanish speaking Aurora criminal defense lawyer, I am fortunate to have developed a client base in the Hispanic community here in the metro area.   Having practiced for nearly 22 years, I certainly have come to appreciate and understand the complexities involved with defending non-citizen clients in criminal proceedings.

When first meeting with any client, I immediately have to ascertain whether they are a citizen, permanent resident, or perhaps living here without any documented status.   Regardless of the alleged offense (from a simple traffic matter to a complex felony) the immigration consideration becomes the paramount focus of the representation.  Failure to take the person’s immigration status into account can lead to permanent and life altering negative consequences, regardless of any potential criminal sentence.

For example, in a lot of instances where the case involves the person’s first offense, the prosecution will generally consider offering what is known as a “deferred judgment.” What this basically amounts to is an agreement between the defendant and the district attorney whereby once the defendant completes a given amount of probation or other condition, the charges are dismissed and the arrest can be sealed from the individual’s permanent record.  This is obviously very tempting, but many lawyers who are not accustomed to representing non-citizens are simply unaware that this type of arrangement is simply no good for such a client.  That is because even though the conviction may drop off of the person’s record here in Colorado, the admission to a particular offense is enough to cause irreversible damage in the federal immigration system.

My advice to any non-citizen client is to be honest and upfront about the status with the attorney and to make sure that the lawyer is equipped to consult with independent immigration counsel is necessary.

Thanks for Reading,

Eduardo Ferszt, Aurora CO traffic lawyer