Non-Citizens Facing Municipal Court Criminal Charges in New Jersey

Why a Guilty Plea Can Affect Your Immigration Status

For many people charged with a disorderly persons or petty disorderly persons offense in New Jersey Municipal Court, the case may initially seem minor. The charge may carry little or no expected jail time, and a prosecutor may even offer a resolution involving only a fine or other relatively limited penalties.

For a non-U.S. citizen, however, resolving a Municipal Court case can have consequences far beyond the sentence imposed by the judge.

A guilty plea to a disorderly persons or petty disorderly persons offense can potentially affect a person’s immigration status, ability to remain in the United States, future immigration applications, naturalization, or ability to re-enter the country.

That is why non-citizens facing Municipal Court charges should always speak with an experienced criminal defense attorney before entering a guilty plea or going to court.

A “Minor” New Jersey Offense May Not Be Minor for Immigration Purposes

Under New Jersey law, disorderly persons and petty disorderly persons offenses are not classified as “crimes” under the New Jersey Constitution. N.J.S.A. 2C:1-4(b) characterizes them as petty offenses rather than crimes. That distinction can be misleading for a non-citizen.

Federal immigration law does not necessarily treat an offense the same way New Jersey does. The immigration consequences of your case can depend upon the specific statute involved, the elements of the offense, the conduct alleged, your immigration status and history, and the ultimate disposition and sentence.

As a result, a plea that appears favorable from a purely New Jersey criminal-law perspective may create an entirely different problem under federal immigration law.

New Jersey Courts Specifically Warn Defendants About Immigration Consequences

The potential consequences are serious enough that the New Jersey Judiciary requires Municipal Court judges to address immigration issues before accepting guilty pleas to all disorderly persons and petty disorderly persons offenses.

Under the Judiciary’s current Municipal Court plea colloquy, defendants are specifically warned that a guilty plea could result in removal or deportation, denial of naturalization, denial of re-entry, or exclusion from admission, including for someone who is lawfully present or has lived in the United States for many years.

Defendants must also be advised that they have the right to seek advice from an attorney concerning the effect of the guilty plea on their immigration status.

These warnings underscore an important point: do not assume that a Municipal Court case cannot affect immigration status simply because the charge is not an indictable New Jersey crime.

What Types of Municipal Court Charges Can Create Immigration Concerns?

Immigration consequences are highly dependent upon the individual circumstances, the specific offense, the statutory subsection involved, the client’s immigration history and status, and the ultimate disposition. Particular caution may be necessary when a non-citizen is charged with offenses involving:

• Shoplifting – N.J.S.A. 2C:20-11;

• Theft – N.J.S.A. 2C:20-3 and other offenses under Chapter 20;

• Simple Assault – N.J.S.A. 2C:12-1(a);

• Harassment – N.J.S.A. 2C:33-4;

• Controlled Dangerous Substance Possession – N.J.S.A. 2C:35-10;

• Possession of Drug Paraphernalia – N.J.S.A. 2C:36-2;

• Criminal Mischief – N.J.S.A. 2C:17-3;

• Criminal Trespass – N.J.S.A. 2C:18-3;

• Disorderly Conduct – N.J.S.A. 2C:33-2;

• Certain weapons offenses under Chapter 39 of the New Jersey Criminal Code; and

• Domestic violence-related offenses, including simple assault, harassment, criminal mischief, criminal trespass, and other predicate acts identified in N.J.S.A. 2C:25-19.

For example, shoplifting under N.J.S.A. 2C:20-11 can be prosecuted as a disorderly persons offense when the full retail value of the merchandise is less than $200. Similarly, simple assault under N.J.S.A. 2C:12-1(a) is ordinarily a disorderly persons offense and, under certain circumstances involving a fight or scuffle entered into by mutual consent, may be a petty disorderly persons offense. Harassment under N.J.S.A. 2C:33-4 is generally a petty disorderly persons offense.

Although these charges may be handled in Municipal Court and may appear relatively minor under New Jersey law, their treatment under federal immigration law can be very different. The immigration consequences of a guilty plea cannot be determined simply by looking at whether New Jersey labels the offense a disorderly persons or petty disorderly persons offense.

For example, a non-citizen charged with shoplifting may understandably focus on avoiding jail or minimizing fines. But accepting a guilty plea without first considering how the particular conviction could be treated under federal immigration law may create consequences far more significant than the Municipal Court sentence itself.

The same concerns apply to lawful permanent residents. Having a green card does not mean that a Municipal Court conviction is irrelevant for immigration purposes. Before resolving any of these charges, a non-citizen should make sure that both the immediate criminal consequences and the potential immigration consequences of the proposed disposition have been carefully considered.

Your Immigration Status Matters Before Negotiating a Plea

Criminal defense attorneys representing non-citizens must look beyond the immediate Municipal Court penalties when evaluating a potential resolution. A disposition that may be excellent for a United States citizen is not necessarily the best disposition for a non-citizen.

Before accepting a plea, it may be necessary to determine how the proposed resolution could affect the client’s particular immigration circumstances and, where appropriate, coordinate with qualified immigration counsel. This analysis should happen before a guilty plea is entered.

Attempting to address immigration consequences months or years after a conviction can be substantially more complicated than identifying those concerns while the original case remains pending.

Why Hiring an Attorney Early Matters

At Sutnick & Sutnick, we understand that representing a non-citizen requires consideration of both the immediate criminal case and its potential collateral consequences.

The goal should not simply be to resolve the Municipal Court case as quickly as possible. The goal is to pursue a resolution that considers the client’s entire situation, including what that disposition could mean for the client’s future in the United States.

Contact Sutnick & Sutnick Today To Discuss Your Case

If you are not a United States citizen and have been charged with shoplifting, theft, simple assault, harassment, a drug offense, domestic violence, or another disorderly persons or petty disorderly persons offense, do not assume the charge is insignificant simply because your case is being heard in Municipal Court.

Before pleading guilty or accepting a plea agreement, understand how that decision could affect both your criminal record and your immigration status.

At Sutnick & Sutnick Attorneys at Law, our attorneys regularly represent individuals charged with disorderly persons and petty disorderly persons offenses in Municipal Courts throughout New Jersey. We understand that for non-citizen clients, protecting your future may require looking well beyond the penalties imposed in the courtroom.

Contact our experienced lawyers to discuss your case before making a decision that could have lasting consequences for your immigration status and your future in the United States.