Introduction to Immigration Consequences of Criminal Convictions in Virginia
Since the United States Supreme Court’s decision in Padilla v. Kentucky, criminal defense lawyers have an obligation to properly advise their clients regarding the immigration consequences of the charges pending against them and of any charges to which they may plead guilty. While the criminal defense lawyer cannot be expected to master all relevant areas of immigration law, understanding the basics is not only possible but indispensable. This course, presented by criminal law attorneys Emily Beckman and Joseph King, will provide an introduction to immigration consequences of criminal convictions, with a special focus on common pitfalls in Virginia misdemeanor practice and how they may be avoided.
- Understand different immigration statuses and how the client’s immigration status affects the consequences of criminal convictions for that client
- Differentiate between removability, inadmissibility, and forms of relief from deportation
- Identify aggravated felonies and crimes involving moral turpitude
- Negotiate plea agreements that protect clients from immigration consequences, including deferred disposition agreements that comply with Crespo v. Holder, 631 F.3d 130 (4th Cir. 2011)
Today, Alexandria’s accused take legal representation for granted, but Kenneth Labowitz remembers the Alexandria legal system before Melinda Douglas. Labowitz said he remembered a time when lawyers representing the indigent were incentivized to have their clients plead guilty. There was one lawyer in the city who spoke Spanish, and when he wasn’t available to take a case with a Spanish-speaking client, the city would appoint a lawyer who spoke French because it was close enough. READ MORE
WUSA 9’s Peggy Fox recently interviewed Mr. King about the allegations against Darwin Martinez Torres who is charged with the murder and abduction of Nabra Hassenen. Ms. Fox inquired how any evidence of sexual assault, if uncovered by investigators, could affect the case. Mr. King indicated that if there were evidence of sexual assault, the charges could be elevated to capital murder. Virginia’s capital murder statute, code 18.2-31(5) allows for prosecutors to seek the death penalty for a defendant charged with first degree murder in the commission or subsequent to rape. Prosecutors also may seek the death penalty in cases of willful, deliberate and premeditated murder in the commission of abduction with intent to defile. Va. Code 18.2-31(1).
Criminal defense attorney Ryan Campbell was named runner up among Loudoun County’s attorneys in its Best of Loudoun survey!
2017 Loudoun’s Favorites: The Readers’ Recommendations
Virginia Super Lawyers Ryan Campbell and Joseph King were both named to Super Lawyers 2017 list for their work in criminal defense.
Emily Beckman and Jasmin Mize have joined King, Campbell & Poretz PLLC as partners. Both Ms. Beckman and Ms. Mize are experienced criminal defense attorneys, former Alexandria public defenders, and have defended criminal cases ranging from homicides to misdemeanors.
Ms. Beckman formerly served as a public defender at the Alexandria Office of Public Defender (2006-2014) and Maryland Office of the Public Defender Service for Montgomery County (2014-2016). She is a 2005 graduate of Yale Law School and earned her undergraduate degree from Washington University in St. Louis with a double major in Spanish and American Culture Studies. Prior to joining the Alexandria Office of Public Defender, she clerked for the Honorable Judge Leonie Brinkema in the United States District Court for the Eastern District of Virginia.
Ms. Mize previously served as a public defender at the Alexandria Office of Public Defender (2009-2015) and as a federal public defender in the Alexandria division of the United States District Court for the Eastern District of Virginia (2015-2016). Prior to her public defender experience, Ms. Mize worked as a clerk and associate attorney with Schertler & Onorato, LLP, a boutique litigation firm in Washington, DC (2007-2009). Ms. Mize is a 2008 graduate of the University of the District of Columbia (UDC) Law School. In addition to her private law practice, she works as a clinical instructor at UDC in the Housing & Consumer Law Clinic.
Both Ms. Beckman and Ms. Mize are fluent Spanish speakers and have long experience in defending criminal matters at both the trial and appellate levels.