Connecticut Criminal Lawyer Blog
Guide for Non-Citizens
From a Connecticut criminal defense lawyer — how to protect your record, your status, and your future—starting today.
If you were sitting across the table from me—coffee in hand, knot in your stomach—I’d start here: take a breath. What makes your situation different isn’t just the court date. It’s that one criminal case can collide with your immigration life—your job, travel, green card, visa, and future plans. My job is to manage the criminal case and protect your interests.
How I Explain This in the Office
There are two parallel train tracks. Track 1 is the Connecticut criminal court case —arraignment, charges, negotiations, programs such as AR (Accelerated Rehabilitation), protective orders, and the usual GA/Part A process. Track 2 is immigration—detainers, admissibility, deportability, renewals, naturalization, and travel.
The mistake people make is treating Track 1 as if it were the only track. It isn’t. A plea that seems “fine” in CT can wreck Track 2. So we build the defense around both. When you hire me, I’m thinking about the exact words on the paperwork, whether there’s any plea at all, and—if we can’t avoid a sentence—the number of days. Tiny details matter more than you think.
What I Want You to Do—Starting Today
Use your constitutional right to remain silent and your right to a lawyer. If police or ICE want to speak with you, politely decline and refer them to counsel. Don’t sign anything—especially not “voluntary departure,” a written statement, or any waiver—without a lawyer reading it. Don’t travel until we talk. Don’t miss court and don’t violate protective orders—those missteps cause major immigration harm. And call early: (203) 357-5555. Early calls help me keep things small.
The Cases That Trip People Up
I don’t scare clients; I tell the truth. Some charges are landmines for non-citizens: theft/fraud and deceit-type cases; drug charges; family-violence and protective-order violations (sometimes one text is the issue); firearms/weapons; and DUIs. Alcohol DUIs usually aren’t “moral turpitude,” but they still complicate travel and discretion—drug-related DUIs are worse.
Good news: Not every arrest becomes an immigration disaster. The outcome we choose—diversion vs. plea, wording, and sentence—drives what happens next.
Why 364 Beats 365 (and why you keep seeing 364s in court)
For immigration, 365 days (even if fully suspended) can flip certain offenses into “aggravated felony” territory. If any sentence is unavoidable, I fight to cap it at 364. That single day can be the difference between a manageable future and a status crisis.
Footnote for clarity: Since October 1, 2021, Connecticut capped the maximum misdemeanor sentence at 364 days (see C.G.S. § 53a-36a). Many older statutes still specify “one year,” but this should now be interpreted as 364 days; individuals with prior one-year misdemeanor sentences may petition to modify their sentence to 364 days.
Quick Glossary (So We’re Speaking the Same Language)
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CIMT (Crime Involving Moral Turpitude): Often includes theft/fraud and some assaults—bad for immigration even when the state court treats them as minor.
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Aggravated Felony (immigration term): A federal label, not Connecticut’s felony/misdemeanor line. Certain offenses or 365-day sentences can trigger it.
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“Conviction” (for immigration): A plea (guilty/nolo/Alford) plus any penalty or restraint—fine, probation, community service—counts, even if Connecticut views it as minor.
How I Keep Your Options Open
Behind the scenes, I’m building two outcomes at once—one that the judge signs and one that immigration can live with. That means avoiding “convictions” where possible, pushing no-plea diversions like AR, engineering charge language to avoid CIMT/drug triggers, and structuring any necessary sentence to 364 or less. I also create a clean paper trail—certified dispositions and a short explanatory letter—so your next USCIS or consular filing doesn’t derail.
What I Put in Place (Padilla-Smart)
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Charge wording that sidesteps CIMT/controlled-substance triggers when facts allow.
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No-plea diversion (AR and similar) as the first path to dismissal.
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Sentence design targeting 364 days or less if a custodial term is unavoidable.
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Certified dispositions + attorney letter to accompany future USCIS/consular filings.
Green Card & Citizenship
Even dismissed cases can slow down the adjustment or naturalization process, as applications often require information about arrests. I’ll give you what immigration needs: certified dispositions, a clear explanation of the outcome, and guidance on when to file. The goal is straightforward—protect your eligibility and maintain your long-term plan.
Three Real-World Outcomes
“We made it disappear.” (Greenwich shoplifting → AR)
First offense, we secured AR. You completed community service, the case was dismissed with no plea entered. You kept working, kept travel plans (with good advice), and moved on. This is the outcome I hunt first.
“We kept it from becoming a status bomb.” (Stamford misdemeanor assault)
The offer included a suspended sentence. I negotiated the charge language and capped exposure at 364 days. Not perfect, but it avoided the harsher immigration label and preserved options.
“We reset the risk with IDIP.” (Norwalk DUI → IDIP)
A first-offense DUI after a minor lane deviation—no crash, no priors. Instead of gambling on a close suppression issue, we targeted the Impaired Driver Intervention Program (IDIP). No guilty plea; the docket is sealed while you complete alcohol-education classes (plus a victim-impact panel). When you finished, the DUI was dismissed, and we obtained a certified disposition for your records. Immigration angle: alcohol DUIs typically aren’t CIMTs, but a conviction can still complicate travel and discretion. With IDIP, there’s no conviction, so you kept working and avoided the status headaches. We also paused international travel until the dismissal is posted.
If ICE Contacts You
Say only: “I want my lawyer.” Don’t sign a voluntary departure or stipulated removal.
Talk to a Connecticut Criminal Defense Lawyer—Before You Say a Word
Call (203) 357-5555 or use the Contact Page for a fast callback. I regularly handle pre-arrest and non-citizen cases in Stamford, Greenwich, Darien, New Canaan, Norwalk, and nearby courts.
This article is general information, not legal advice. Every case is different.
