Facing Federal Charges When You Are Not A U.S. Citizen
If you have been charged with a federal criminal offense and you are not a U.S. citizen, the benefit of having a criminal defense attorney who knows and understands immigration law cannot be overstated. Your ability to stay in the U.S. could be at risk.
Dallas attorney Dan Gividen has been working in criminal and immigration law for over a decade. He has a strong reputation in the legal community for his knowledge and understanding of the complex issues involved in “crimmigration” cases, which combine both criminal and immigration law. When you or a loved one face the high stakes of a federal criminal case, Mr. Gividen can provide the experience and professionalism you need. He also helps clients facing removal proceedings and with litigation against the federal government.
Anyone Charged With A Federal Offense
In the past, federal prosecutors were known for only bringing rock-solid cases involving significant violations of federal criminal laws. Recently, federal prosecutors seem to have lowered their standards with respect to both the solidness of their case and the significance of the alleged criminal violations. They have not, however, changed the steadfastness with which they prosecute every case. The stakes are high, and you need an equally steadfast attorney to defend you. Gividen Law, PLLC, provides representation in all federal cases, including:
White Collar Crimes
White collar crimes usually involve some type of theft of money through fraud or embezzlement at work. Examples include tax fraud, identity theft, bribery, money laundering and the above-mentioned embezzlement. These crimes often fall under federal jurisdiction because the money involved crosses state lines or they involve the national banking system. White collar crimes often leave a paper trail that is hard to defend in court. A strong defense often relies instead on legal arguments, such as intent, knowledge, state of mind and causation.
Immigration Crimes
Immigration crimes such as visa fraud, passport fraud/misuse, unlawful procurement of naturalization, marriage fraud, illegal reentry and wire/mail fraud relating to immigration violations involve the records/documents submitted to, produced and stored by immigration officials. Additionally, these cases involve both federal criminal laws as well as the far more complex immigration laws of our country. In these cases, it is vital to have an attorney with a complete and in-depth understanding of both the procedures/operations of the immigration agencies and the immigration laws involved.
Drug And Gun Charges
Federal drug and gun charges are on the rise. These cases require an attorney with the ability to meticulously review the evidence for potential constitutional violations or strong defenses at trial. An experienced criminal defense attorney understands the importance of the Fourth Amendment’s prohibition on an unlawful search and seizure. Any evidence resulting from such a search can be thrown out, even if it is vital to the government’s case. Equally important, is the ability to review the evidence with an eye for potential issues that would provide for a strong defense at trial.
Appeals To The United States Circuit Court Of Appeals For The 5th Circuit
After a conviction at trial, individuals often turn to a new attorney to handle their appeal. Federal criminal appeals are one of the most challenging areas of legal practice. When handling a federal appeal, Mr. Gividen carefully reviews the entire case record, from indictment to trial and sentencing, looking for errors on which to base an appeal. Based on his experience and knowledge, Mr. Gividen recognizes the importance of selecting the strongest arguments and preparing a compelling case based on quality legal research and scholarship.
Can An Immigrant Get Bail/Pretrial Release From Federal Court With An ICE Hold?
Yes, an immigrant facing federal charges can secure pretrial release from federal custody. Unfortunately, those who are subject to an Immigration and Customs Enforcement (ICE) detainer may get moved to a federal immigration detention facility.
Federal Marshals may have transported you to a facility and assumed responsibility for your detention while awaiting a hearing in federal court. Their custody of you as a defendant with a pending case is separate from an ICE detainer.
When ICE has requested your detention for a potential removal, securing pretrial release may not result in your actually going free. Instead, after a judge grants bail, ICE may act in the 48 hours immediately following that ruling to take custody.
You may face a rapid transfer to an immigration facility, where requesting bond directly from ICE becomes an option. If you intend to pursue federal bond with an ICE hold already on record, you may need the support of a criminal defense attorney who is familiar with not just federal criminal trials but also immigration proceedings, such as attorney Dan Gividen.
What To Do If HSI, ICE Or The FBI Contacts You
If federal law enforcement agents contact you, you can assert your rights and seek legal guidance to protect yourself. When agents from Homeland Security Investigations (HSI), ICE or the Federal Bureau of Investigation (FBI) contact you, you may feel compelled to cooperate. You may also panic, worrying about the potential immigration consequences of a federal investigation.
Interactions with federal agents can implicate you and affect your status as an immigrant. Federal agents, especially those working for HSI, have training that helps them manipulate or coerce non-citizens. They use aggressive tactics to confuse immigrants into making accidental confessions or false statements. Any misrepresentation of fact to federal investigators is an independent crime under federal law, regardless of whether investigators can pursue a separate criminal case against you.
Thankfully, constitutional rights apply regardless of your immigration status. You can invoke your Fifth Amendment right to remain silent and avoid self-incrimination. You can deny access to property or vehicles when federal investigators do not have a search warrant. You also have the right to call an attorney for support even when you do not yet face charges. A lawyer can help you navigate interactions with investigators without putting yourself at additional legal risk.
Schedule An Appointment Today
Federal cases are serious, especially for non-U.S. citizens. Don’t leave your future to chance. Contact Gividen Law, PLLC, to schedule an appointment and learn how Dan Gividen can help you. Call 972-256-8641 or send an email today. Se habla español.