Post-Conviction Attorney; 440 Motion Attorney NY, New York 440 Motion, 440 Motion Immigration, PCR, Post-Conviction Relief Immigrants, Post-Conviction Relief
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NYCrimmigration.com is one of our website names because I care very much about the intersection of criminal and immigration law — that is “Crimmigration.”  Crimmigration includes making sure that immigrant defendants know the immigration consequences of their convictions and that their lawyers do whatever they can to craft a plea deal that will allow them to stay in this country, get a green card, obtain waivers of deportation, or someday to obtain citizenship. It also involves post-conviction work– that is, undoing old convictions that are causing immigration problems.Crafting pleas that work for an immigrant takes a lot of research and investigation because each person is distinct and immigration law can be very quirky. Sometimes, believe it or not, it is easier to craft a plea agreement that works for an immigrant when they do not already have a green card.  The practitioner has to know a lot about the individual before they can negotiate the right plea or advise the client to go to trial. Sometimes it is critical to know that conviction on the trial charges will lead to deportation with no remedy while a plea to one of the charges to cover the other charges will allow the defendant to seek cancellation of removal or citizenship or other remedies from deportation. So there can be a huge risk in going to trial for your immigration status.  On the other hand, there may be situations where any plea of guilty will destroy your life in the United States and the client may wish to fully litigate every issue in the case.

This area of law is so important because, often, the immigration consequences of a criminal conviction are much worse then the penal consequences and the lawyer must have a firm grasp of immigration law to adequately serve an immigrant client. At the same time, I have over thirty years of experience in criminal law, representing defendants on many different kinds of cases, from the most petty to the most serious and complex.  It is this combination of knowledge that makes me unique in this field.

I am also working on the forefront of post-conviction litigation for immigrants and citizens alike. I have had a great deal of success in this area and I recommend that you click on “Convictions Attacked” above to get more information on my post-conviction and appellate practice. My work in this area usually includes 440.10 motions or motions to file late notices of appeals and then the appeal to the appellate court.  I have attacked convictions all over the state of New York.

I have recently received some lawyer and client testimonials on Avvo.com, a site for lawyers that has given me the highest rating possible, 10 out of 10 points.  This is their “Superb” rating.  I have also been listed in Superlawyers and have a Preeminent rating with Martindale Hubbell.

We look forward to hearing from you.

Labe M. Richman
Attorney at Law

HERE ARE SOME MYTHS ABOUT PLEA NEGOTIATION FOR IMMIGRANTS

ALL OF THESE STATEMENTS ARE FALSE:

1.  It is always best to avoid a conviction for an aggravated felony under immigration law.

2.  It is always better if the client already has a green card.

3.  The lower the jail sentence, the better it is for the client’s immigration situation.

4.  The more serious the charge, the more serious the immigration consequences.

5.  Getting a plea vacated for cooperation or because of a drug program always helps the immigrant with their immigration case.