The immigrant as an accused
One of the necessary but most difficult responsibilities I do as a lawyer is visiting clients who are in detention. Most of these clients are being locked up because of immigration violations while some are accused of more serious criminal offenses. I do not know but each time I am inside a jailhouse and talking to these clients, I always feel a sense of a muted voice within its barren walls that seeks to wail the unspoken angst of what are now an immigrant's broken dreams and ungraspable hope.
Being in jail is surely one of the worst situations an immigrant could ever find himself in. In this circumstance, what can one do in order to ensure that his rights are protected and his immigration status is not in jeopardy?
First of all, make sure that you do not say anything to the police unless you have a lawyer present and representing you. Any admission or confession you may do could be used against you. You have a right to be represented by an attorney and if you do not have one, you also have the right to ask for an attorney which the government will provide to you at no cost.
Second, contact the Philippine Consulate which has jurisdiction over your place. Let them know what you or your family needs so that appropriate help can be given to you. I personally know of a Philippine consulate who sought out a private attorney in order to represent a Filipino accused of a very serious crime. So make sure you have the Philippine consulate's number and reach out to them.
Third, realize that having a criminal case in America is a very expensive process. Seek out any financial resources you may have. There are a number of free legal aid associations you can call and request assistance from. But expect that at some point, you would have to spend for your legal representation.
Fourth, do not take the easy way out. I have seen clients where in order just to get out of jail, they readily negotiated a plea deal. Make sure you know what you are pleading to and the repercussions of your plea. I know one case where the accused did not even bother to read what he was signing. It was too late for him to realize that he signed a plea deal for possession of cocaine instead of possession of marijuana.
Fifth, at the earliest instance of your case, make sure that you hire not only a criminal defense attorney but also you must have an immigration attorney. You have to be aware that any criminal case against you has serious and enduring repercussions on your immigration status. An immigrant called me a few months back asking for help as he is now facing deportation for a crime he committed almost 20 years ago. One has to note that even though a state offense could only be considered as a misdemeanor, federal laws may still consider such offense to be a felony. This is where the role of the immigration attorney comes in. He must be there to ensure that whatever offense you may be arrested for, charged, and convicted of does not result to your removal or deportation in the future. Also, take note that any plea you may enter into would also have a tremendous effect on your future ability to find employment, secure loans, obtaining a mortgage, etc.
Sixth, make sure you have a well-entrenched support system that can steer you through this difficult and stressful time in your life. The love and support of family and close friends are undeniably priceless. Most of the time, and especially in a culture such as ours, people could be outrightly intrusive without realizing it. Do not feel compelled to talk about your case before anyone. If they offer to help you in your case, just tell them to call your lawyer if they have any information.
Seventh, do not compound your problems by always stressing about your case. Understand that cases take time and delays are to be expected. It is the anxiety of waiting and the fear of what the resolution of the case may be that heighten your pressure and stress. Remember, an idle mind is the devil's workshop. Divert your attention to more productive endeavors. If you are out on bail, continue working and earning a living. Take up some hobbies or sports, exercise, do the things that you have always wanted to do. Do not worry too much. Worrying would lead to anxiety and depression which would only further lead you to self-destructive behaviors or lifestyle.
Eight, pray. Prayer at this crucial time in your life would probably be the only thing that keeps your sanity, makes you hope again, and drives you to live one day more.
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