Bayside, NY asked in Criminal Law, Employment Law and Immigration Law for New York

Q: she was caught using a fake work permit, she is now released and court date is this February. What happens next?

5 Lawyer Answers
Andrew M. Stengel
Andrew M. Stengel
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: It sounds like "she" is charged with possessing a forged instrument, which is a crime. Speak to an experienced defense attorney.

Aubrey Claudius Galloway and Barry E. Janay agree with this answer

Kyndra L Mulder
PREMIUM
Kyndra L Mulder
Answered
  • Immigration Law Lawyer
  • Jacksonville, FL

A: Criminal court or immigration court?

She will be in removal proceedings. I suggest you find her an experienced immigration attorney.

Leonard R. Boyer
Leonard R. Boyer
Answered
  • Immigration Law Lawyer
  • Clifton, NJ

A: If this is an immigration matter, which is what it sounds like you are facing deportation. No one can predict what Trump will do as President. So, I recommend retaining experienced immigration counsel right away to discuss your situation in person. The enforcement of immigration law is expected to be stricter after the change in administrations takes place in January, so you should seek counsel and look to resolve your immigration matter as soon as possible. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Good luck.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Criminal Law Lawyer
  • Scarsdale, NY
  • Licensed in New York

A: First off, I agree with my colleague Mr. Stengel; speak to an attorney ASAP.

TO DIRECTLY ANSWER YOUR QUESTION AS TO "WHAT HAPPENS NEXT", a ALL PURPOSE hearing will occur and you attorney will have the ability to make motions if necessary

There are also a litany of issues I see here. - These include (1). If she knew the permit was "fake" (as this is not a strict liability offense this would negate mens rea; (2). She must understand that any guilty plea to a criminal offense may affect her immigration status which, (3). is important for me to know to better answer.

Aubrey Galloway Esq

Barry E. Janay
PREMIUM
Barry E. Janay PRO label
Answered
  • Florham Park, NJ
  • Licensed in New York

A: She will be arraigned if she hasn't been already, an arraignment is a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea. Every stage of the criminal process is extremely important for the defendant's rights to be preserved, you should hire an experienced and competent criminal defense attorney.

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