For undocumented immigrants who came to the United States as children (sometimes called Dreamers), the Deferred Action for Childhood Arrivals (DACA) is a way to remain in the US with protection from deportation. With DACA, you can legally work, obtain a Social Security number, get access to health care, and obtain access to financial aid and scholarships, among other benefits.
However, the safety and stability that DACA protection provides can be jeopardized in an instant if you have an encounter with the police. Drug offenses can make DACA recipients vulnerable to severe consequences. If you are a DACA recipient or applying for DACA status, a misdemeanor or felony drug charge can lead to prison time and/or make you vulnerable to deportation.
If you are a DACA recipient charged with a drug offense, the first thing you should do is call a criminal defense attorney who is familiar with DACA immigration law and the consequences for DACA beneficiaries as a result of a criminal conviction. For DACA recipients in Orange County, California, The Law Offices of Bryan R. Kazarian may be able to help you avoid a criminal conviction which will minimize the DACA impact of drug charges.
Impact of a drug offense on your DACA application
For Dreamers, a conviction for felony or misdemeanor drug charges can put your DACA status in jeopardy. Felony and misdemeanor drug charges can have severe consequences:
Felony drug charges: According to federal immigration laws, “A felony is a federal, state or local criminal offense punishable by imprisonment for more than a year.” Just one felony conviction can disqualify you from applying for or renewing your DACA status and make you subject to deportation.
Misdemeanor drug charges. A misdemeanor drug offense includes drug crimes with a maximum jail term of 1 year (but not less than 5 days). This may include drug possession, drug distribution/trafficking (normally charged as a felony), driving under the influence and other drug-related crimes with penalties of less than a year in jail. Depending on the specific circumstances a single misdemeanor conviction may or may not disqualify you from applying for or renewing your DACA status.
Examples of drug crimes include:
- Possession of controlled substances including cocaine (crack or powder), heroin, LSD, or prescription drugs (without a valid prescription) such as methamphetamine, fentanyl, oxycodone or other controlled drugs are most commonly charged as misdemeanors.
- Importing, selling, distribution, trafficking or sale of controlled substances typically results in a felony charge. Felony drug convictions typically have the exposure of 16 months to up to 10 years or more in prison (with certain enhancing allegations).
These are just some of the possible drug charges that may cost you your DACA protection, result in prison time and/or deportation. It can affect your ability to work and travel. If you are a Dreamer who entered the US as a child, a conviction could result in deportation to a country you have never called home.
If you are a Dreamer charged with a drug crime in Orange County California, contact The Law Offices of Bryan R. Kazarian to get the most successful criminal defense strategy for your specific circumstances.
Common defense strategies for DACA recipients charged with a drug offense
There are several strategies used by criminal defense attorneys to successfully defend Dreamers against drug charges (controlled substance offenses). If a DACA recipient is convicted of a drug crime, they may lose their status and be deported. Therefore, the goal of the defense attorney is to ensure that the charges are reduced to a non-deportable offense or that (technically) there is no conviction at all. Criminal defense attorneys often deploy these (or similar) strategies to accomplish this goal:
- Negotiating to reduce the drug charges and plead to another offense. The defense attorney may identify similar charges that are not drug charges, and would have no impact on immigration status.
- Apply for pretrial diversion. California law allows for certain drug charges to be “diverted” at the pre-trial stage of the proceedings. If successfully completed, the diversion of the criminal charge will end up in a dismissal of the charge and possibly the sealing of your arrest record.
- Plead to a non deportable public nuisance offense. Similarly, switching to a public nuisance offense may allow the drug charges to be dropped.
- Make the prosecution aware of the immigration consequences of a drug conviction. California law states that the prosecution must consider immigration status of the person charged and any immigration consequences when plea bargaining. That can be a great help for DACA recipients. Defendants who are victims of human trafficking, domestic violence, severe trauma, or addiction also are given special consideration under California law. Defendants who are victims or who have been coerced into committing a drug crime may be given special consideration by the prosecution.
The attorney who represents you in your criminal case may be the entire difference in whether you can maintain and renew your DACA status. The attorneys at The Law Offices of Bryan R. Kazarian are trusted advisors who help DACA recipients navigate the complexities of criminal drug charges and avoid deportation.
Vacating prior drug convictions
Some DACA recipients or applicants may have prior drug convictions. To obtain or maintain DACA status, these convictions need to go away. Your criminal defense attorney should be familiar with getting post-conviction relief for drug charges. California law has some post-conviction relief options and pretrial diversion programs that can help immigrants faced with being charged with a drug offense. The attorneys at The Law Offices of Bryan R. Kazarian can be trusted to seek the best outcome for DACA recipients charged with drug offenses. They know the options available to vacate prior convictions and use pre-trial intervention as a way to avoid impacts on a DACA recipient’s immigration status.
Contact us now if you are a DACA recipient with current or past drug charges
The Law Offices of Bryan R. Kazarian only practices criminal defense law. Bryan R. Kazarian is a former Orange County Deputy District Attorney and has been involved in both prosecuting and defending a multiplicity of drug cases. Our attorneys are trustworthy, experienced legal professionals who have helped many Dreamers avoid deportation. They know the details of California criminal law and help people throughout Orange County, California.
We help Dreamers feel calm and safe. Contact us online or call 855-918-4253 to consult with us about your case. We are available seven days a week. Our offices are conveniently located near the Central, Harbor, North and West Justice Center courts in Orange County, California.
