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Atlanta Immigration Lawyer > Blog > Deportation Defense > The Differences Between Criminal Courts And Immigration Courts In The United States

The Differences Between Criminal Courts And Immigration Courts In The United States


There are certain protections afforded to those that are charged with criminal violations under the United States constitution. This is true for both citizens of the country and noncitizens. But by contrast, a noncitizen who finds themselves in U.S. immigration court who simply violated immigration laws do not tend to get such benefits of due process. It is important that noncitizens understand that if they are picked up by law enforcement that they do have rights, even though they may not be explained to them right away. One is the ability to work with legal counsel during deportation proceedings.

If you or a loved one has gotten tangled up in the United States immigration court system, you need an effective and knowledgeable legal defense to help you secure the best possible outcome. For residents in Georgia, the Atlanta deportation defense attorneys at Shirazi Law offer defense strategies for noncitizens that help protect their unique American Dream.

How the U.S. Criminal Court And Immigration Court are Different

If you are arrested for a crime in the United States, it does not matter if you are a citizen or noncitizen. There is a certain procedure that must take place. This includes the police officers who arrested you reading you your Miranda rights which basically tell you that you can remain silent so that you do not self-incriminate. These rights also inform you that you can have access to legal counsel and if you cannot afford to hire an attorney, you can have a court-appointed one for free. These rights can make a big difference in how your case proceeds. Knowing your rights can help you better make decisions that will be in your best interest and not jeopardize your chances of overcoming your charges.

By contrast, if you are detained by immigration enforcement, even though there is a different version of the Miranda rights that should be communicated to you that does not mean they will be in a timely manner. Immigration violations are not considered criminal, they are classified as civil. So this changes the game entirely.

Immigration enforcement doesn’t have to tell you about your rights before they start interrogations. As a result, you may not know that you have the right to remain silent and that you can have an attorney protecting you during interrogations. Because of this, it is very likely that you could unintentionally answer law enforcement’s questions. What you say could ultimately not only affect your ability to stay in the country and avoid deportation but also put you in a position where you may admit to doing something that is criminal.

Also, unlike the criminal justice system that provides free legal counsel to those who cannot afford to hire their own, this is not the same in civil cases. If you want an attorney to assist you, then you have to go out and hire one. Or, you may see if you will be picked up by a firm that offers pro bono legal defense services to noncitizens. However, due to the high volume these firms take on, they may not have the resources to assist you during your deportation proceedings.

Speak to an Atlanta Deportation Defense Attorney Today

Working through the United States immigration system can be highly complex. But you do not have to do it alone. In fact, you shouldn’t attempt to go to court without legal counsel.

Let the Atlanta immigration attorneys at Shirazi Law help. To learn more about how you can secure experienced legal representation during a consultation, please call 404-523-3611.


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