Immigration Status Effect

Individuals who do not have citizenship in the United States run the risk of being deported if they are convicted of certain offenses. It is vital that someone who is facing criminal charges that can result in their removal contact a lawyer immediately so that the most serious consequences are avoided.

Factors that Affect Immigration

If a person commits a crime in the United States, there are a number of factors that affect immigration, including the person’s current immigration status in the country, the particular offense that the person committed and the circumstances surrounding the case. These factors can affect the impact of how a criminal conviction affects whether or not a person is removable.

If a person who is not a citizen is convicted for a crime that involves an aggravated felony or moral turpitude, he or she may suffer harsher consequences than for the commission of other crimes. The conviction of these crimes may prevent a person from being eligible for deportation relief. A person may also be barred from reentering the country for a long time or for the duration of his or her life.

Aggravated Felony

Aggravated felony has a specific meaning under immigration law. A crime can be considered an aggravated felony under immigration law without being considered such by state law. In some cases, a crime under the state law is considered a misdemeanor but considered an aggravated felony under immigration law. In certain situations, even behaviors that are not criminalized can still meet this definition.

The term aggravated felony on its own is not defined. Instead, under the INA, this term is described as a list of possible offenses. These offenses make the defendant removable. The law pertaining to aggravated felonies originally included such serious crimes such as drug trafficking, trafficking of firearms or incendiary devices or murder. However, the list of offenses has continued to grow over time.

Currently, aggravated felonies include such crimes as rape, sexual abuse of a minor, money laundering in cases involving over $10,000, certain offenses related to explosive materials and firearms, crimes of violence, theft offenses, kidnapping, child pornography, certain prostitution offenses, racketeering, illegal gambling, tax evasion cases involving over $10,000, illegal entry or reentry after removal, failure to appear for sentencing when the offense is punishable by at least five years or failure to appear at court for an offense punishable by at least two years, human trafficking, alien smuggling, obstruction of justice, bribery of a witness, perjury, fraud, deceit offenses or document fraud for certain cases. Some of these offenses are only considered an aggravated felony unless the term of imprisonment was for at least one year, making it crucial to get a criminal defense lawyer to help before any sentence is imposed in order to avoid the characterization of this nature.
Other crimes may be included under this definition and are often decided on a case-by-case basis.

Crimes Involving Moral Turpitude

Another type of offense that can make a person removable is one involving moral turpitude. When a person does not have citizenship status and he or she violates the accepted moral code of the community, it may be considered violation of a crime involving moral turpitude. Courts have grappled over the types of cases involving moral turpitude. Some crimes that have been determined to fall under this classification include tax evasion, wire fraud, carrying a concealed weapon in violation of the law, perjury and child abuse. However, this is not a definitive list.

Potential Consequences

A person who is facing charges for a crime may face serious consequences including possible deportation. However, there is often not an absolute mandate to deport an individual. There are often discretionary decisions that immigration officials can make. Additionally, the way that a person is sentenced and the language included in court documents can have an impact on this decision. This is why it is so incredibly important to receive advice and assistance from a lawyer knowledgeable about immigration law. The United States Citizenship and Immigration Service considers several different factors and the punishment imposed on the defendant. Relief from deportation is sometimes provided on a discretionary basis, but it must be requested.

The Computer Fraud and Abuse Act Committed

unduhan-10His friends had proper and authorized access to internal information at the company, but he was charged several times with various crimes including violations of the Computer Fraud and Abuse Act based on obtaining information from a company for personal use. Because of a motion he and his lawyer filed to dismiss these charges, the issue became complex enough to be considered for dismissal by the Circuit Court.

The specific stipulation regarding his situation involved obtaining information from a company. According to the Act, a person must obtain information by accessing a protected computer or network without authorization for misuse. This usually involves hackers. Because he had his friends obtain the information, the actions did not contain unauthorized access or surpass valid access to the material. He was not a hacker either but a private citizen that no longer worked at the company. He obtained this information in order to start his own business that competes with the one he left. The Circuit Court dismissed the charges dealing with the Computer Fraud and Abuse Act due to these stipulations of unauthorized access not being part of his actions. This dismissal of these specific charges went against three other Circuit Courts, but it was important as the precedent may allow violations of private computer use a federal crime in the United States.

Similar Cybercrimes and the Computer Fraud and Abuse Act

A similar instance occurred with a company employee accessing customer personal data through the use of her own employee computer despite the restrictions. She used this material for committing acts of fraud. This was charged with the Computer Fraud and Abuse Act due to her surpassing authorized access to a computer with the intent to obtain or steal data for a criminal act of any kind. The specific stipulation applied was in direct line with what she did even though she was working for the company at the time. The access was authorized, but it was restricted for customer interactions only.

The Computer Fraud and Abuse Act allows for civil litigation when damages accrued are of at least $5000 during one year of activity. This may even be in affect when stealing or obtaining information. One such case included someone that obtained information from a password-protected network before leaving the company. The information taken involved financial reports of customers, pricing, the cost of products and profits over a period of time for customers of the business. This person then violated a confidentiality agreement he signed that restricts his actions and attempted to entice these customers to a competitor of the company at which he used to work. He also attempted to dismiss the Computer Fraud and Abuse Act charges because he had authorized access to the information and did not surpass his authority to view and download the data. His dismissal was denied due to the limits already placed on the information he obtained through the document he signed.

Stipulations in Place

Jurisdiction is important to regard when examining and determining if there is unauthorized use of confidential information that may be accessed through computers. These may be specifically stated in a state or civil case within the Computer Fraud and Abuse Act. Usually, the access of undisclosed information of a private system may be in excess of $5000 in damages. That allows states and counties to pursue action when this unauthorized access is completed in any one year against those committing computer and internet crimes. This could allow a court to prevent the further misuse or access of the data that was stolen or obtained.

Trade Secrets, Intellectual Property and Proprietary Information

Federal and State crimes of theft of trade secrets have specific statutes applied against those stealing the information. This could be from employees that have taken the data, but the items must be classified as trade secrets, proprietary documentation or similar files that give some type of advantage over other competitors. Laws are also in place to allow prosecution of theft or appropriation of intellectual property. It is important to obtain a lawyer for any of these crimes being accused of any single person. Any type of computer and internet crime may be laid at the hands of someone other than the perpetrator.