An arrest in Georgia can be a frightening and confusing event for anyone, but for non-citizens—including green card holders and those with temporary visas—the stakes are even higher. A criminal charge, even a minor one, can put your entire life in the United States at risk. It could lead to deportation (which the government calls "removal"), prevent you from getting a green card or citizenship, and keep you separated from your family.
The connection between the criminal justice system and the immigration system is complex and often unforgiving. You must act quickly and carefully to protect your rights and your future. Understanding the immediate steps you should take can make a massive difference in the outcome of your case.
If you or a loved one who is an immigrant has been arrested in Georgia, you need immediate legal advice that covers both criminal defense and immigration consequences. Contact Deadwyler-Heuman Law Firm, LLC immediately at (478) 241-5247 or complete our secure online contact form.
1. Exercise Your Right to Remain Silent and Request a Lawyer
Immediately after an arrest, the most vital step is to use your constitutional right to remain silent. What you say to police, a jail official, or even a cellmate can be used against you in court—both in your criminal case and later in your immigration case.
Why Silence is Your Strongest Defense
- Do not discuss: Do not talk about the details of your case, what happened, where you were born, or your immigration status.
- Politely but firmly state: You should only say, "I choose to remain silent," and "I want to speak with my attorney." Repeat this as many times as necessary.
- Even if you are innocent: Do not try to explain or argue with the police. Explaining your side without a lawyer present can often accidentally give law enforcement information they can use against you.
You have the right to an attorney. Once you ask for one, the police must stop questioning you. It is essential to seek a lawyer who understands how a Georgia criminal charge can impact your specific immigration status.
2. Never Sign Documents Without Legal Review
You may be asked to sign many documents during the booking or questioning process. Some of these papers might seem harmless, like a form that waives your right to a hearing or allows for "Voluntary Departure."
Critical Document Caution
- Be Diligent: Do not sign any document you do not fully understand.
- Refuse a Waiver: Absolutely do not sign a document related to "Voluntary Departure" or waiving your rights, even if an officer suggests it will speed up your release. Signing this type of paperwork could mean you are agreeing to leave the U.S. without a formal hearing before an immigration judge.
- Request Review: Tell the officer that you need to speak with your lawyer before signing anything.
This step protects your right to fight your case in court.
3. Understand the Dual Threat: Criminal Charge and Immigration Status
When non-citizens are arrested, they face two separate but connected court systems: Criminal Court (for the arrest charge) and Immigration Court (for potential deportation). The result of your criminal case will directly affect your immigration status.
The Overlap of Law
A conviction for certain Georgia crimes can be classified under federal immigration law as a "Crime Involving Moral Turpitude" (CIMT) or an "Aggravated Felony." The names of these categories can be confusing because even a non-violent or less-serious state crime could be considered a severe Aggravated Felony by immigration officials.
- Crimes to Avoid at All Costs: These federal classifications can strip away all chances for relief from deportation, even for long-time legal permanent residents (green card holders).
- Sentencing Matters: For many crimes, a sentence of one year or more (even if the time is suspended and you do not go to jail) can trigger severe immigration consequences. A skilled lawyer will focus on negotiating charges and sentences that minimize these risks.
At Deadwyler-Heuman Law Firm, LLC, we understand that a successful outcome is not just about avoiding jail time but protecting your ability to stay in the United States with your family. We use our experience in both criminal defense and immigration law to craft a defense that addresses both threats simultaneously. You can learn more about our commitment to protecting your future by visiting our page on immigration law.
4. Work with Your Family to Locate Information and Counsel
Once you are detained, communication is difficult. Your family or trusted friends play a crucial role in gathering information and securing legal help.
Actionable Steps for Loved Ones
- Gather Information: Collect all documents related to the arrest (charging papers, police reports) and all immigration documents (green card, visa, Notice to Appear, or any paperwork with an Alien Number or "A-Number").
- Locate the Detainee: If the person is moved from a local jail to federal immigration detention, they may be taken to a facility outside of Georgia. Use the federal Online Detainee Locator System to find where they are being held.
- Secure an Attorney: Contact a law firm experienced in both Georgia criminal defense and complex immigration matters, like Deadwyler-Heuman Law Firm, LLC. The lawyer must move quickly to request a bond hearing and begin building a defense.
5. Be Prepared for the Immigration Detainer (ICE Hold)
If you are a non-citizen, even if you post bond for your criminal charge, the local jail may hold you because of an Immigration Detainer, sometimes called an "ICE hold."
- What is a Detainer? An Immigration Detainer is a request from U.S. Immigration and Customs Enforcement (ICE) asking the local jail to hold a person for up to 48 hours after they would usually be released. This is so that ICE can take the person into federal custody.
- Serious Consequence: If ICE takes you into custody, you will be placed into deportation (removal) proceedings. You will then have to fight your case in Immigration Court.
- Diligent Defense: It is absolutely critical to have an attorney who understands these overlapping legal issues. Your legal team must work to resolve the criminal charge so that you avoid the most serious immigration penalties.
The most difficult moments of your life demand the most determined legal support. At Deadwyler-Heuman Law Firm, LLC, we are focused on protecting our clients from the complex and severe consequences that face immigrants arrested in Georgia. We are committed to standing with you and your family every step of the way.
Macon Immigration Lawyers
If you or a family member has been arrested in Georgia, the clock is already ticking on the legal process. Every delay, every missed opportunity, and every wrong statement can impact your ability to remain in the United States. Do not leave your future to chance or rely on unproven advice. Deadwyler-Heuman Law Firm, LLC offers experienced legal guidance at the intersection of criminal defense and immigration law. Our sole focus is on achieving the best possible outcome by protecting your freedom, rights, and immigration status.
Take the professional, supportive, and urgent step of seeking help right now. Call us immediately for a consultation at (478) 241-5247. Visit our website to start a confidential discussion about your case on our Immigration Law page.