As stated eloquently by Supreme Court Justice Robert Jackson, “Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances.” 
I didn’t have a real weapon, just a toy: Even if you used a toy gun, you could be guilty of armed robbery. The Court looks at whether it was a believable replica and if it was, you will still be charged with armed robbery.
I didn’t take anything; I just wanted to scare them: If you did not take anything from the victim but instead just used a weapon to scare someone, then you will not guilty of robbery. However, you could still be guilty of assault or battery.
When an individual commits the crime of false pretenses, they misrepresent a fact in order to acquire someone else’s property. Obtaining property through false pretenses is a crime, punishable in most states by fines and imprisonment. While state laws vary in defining this crime, the general idea is the same: to be found guilty of false pretenses, the prosecutor must show that the individual acquired the property at issue by intentionally misstating a fact. This means that if an individual obtains another’s property by stating a fact that they mistakenly believe to be true, they have not committed the crime of false pretenses. Depending on the state statute, the property acquired by false pretenses can include tangible property, like a car or house, and intangible property, such as information that has been obtained.
First, if you are arrested and get an ICE hold, your family should contact a reliable immigration lawyer. An immigration lawyer can tell you whether you should go ahead and pay your criminal bond so you can be transferred to ICE, or if you should wait.
The U.S. maintains high standards for non-citizens when it comes to compliance with the law; the area where this is most evident is law related to controlled substances.
For decades, the U.S. Congress has taken a hard-line approach against drug use and trafficking, enforcing harsh punishments on citizens and non-citizens who are involved in these activities. Therefore, use or conviction for controlled substance related crime carries harsh immigration penalties including deportation and future inability to obtain a Green Card. In fact, according to the Immigration Defense Project from 1997-2012, one out of four criminal immigration removal cases stemmed from past drug offenses.
Generally, “controlled substances” include all recreational drugs including cocaine, heroin, methamphetamine, and non-prescription drugs. The major exceptions to this category are marijuana (under 30 grams), alcohol, tobacco, and prescription medications. In terms of drug-related crimes, non-citizens can be punished for any number of reasons including having a positive drug test, possession of drug paraphernalia, or drug trafficking.
For non-immigrants including visitors and students, controlled substance use can result in your removal and prevention of obtaining a future Green Card. Under INA Sec. 212, among the controlled substance issues which may prevent your Green Card are:
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Controlled Substances Conviction, including possession
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Admission of a Controlled Substances Offense, even without conviction
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Crime of Moral Turpitude Conviction
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Admission of a Crime of Moral Turpitude
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“Reason to Believe” Noncitizen is or was a Drug Trafficker
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Family Members of Non-citizens DHS has “Reason to Believe” is or was a Drug Trafficker
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Drug Abuse or Addiction
For Green Card holders/Legal Permanent Residents, controlled substance use can also result in deportation. Under INA Sec. 237, among the controlled substances issues which may result in deportation are:
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Aggravated Felony Conviction
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Controlled Substances Conviction
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Crime of Moral Turpitude Conviction
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Drug Abuse or Addiction
While there are some methods to overcome these issues, it is most helpful to have proper legal counsel from the beginning to avoid long-term consequences. As such, it is extremely important for non-citizens who are facing drug charges to hire a criminal attorney who is familiar with immigration law. They will be in the best position to negotiate on your behalf to avoid immigration consequences. Further, non-citizens should be prepared to take harsher criminal punishments in exchange for more lenient immigration consequences. While this may be difficult in the short-term it could be the difference between staying in the U.S. or returning to your home country.
Since the U.S. perspective on controlled substance use does not seem to be waning or becoming more sympathetic, non-citizens should be extremely careful and vigilant in their activities and be aware of the potential consequences.
Field sobriety tests are commonly administered by an arresting officer to determine whether a person has been driving under the influence of alcohol or drugs. There are three typical field sobriety tests, the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand tests. Evidence of your failure to perform these tests to an expected level could serve as grounds for your arrest and may lead to your ultimate conviction for DUI. Field sobriety tests, however, are susceptible to many failings. A wide array of physical and external factors can influence a field sobriety test, leading to inconclusive results. DUI defendants can challenge the results of a flawed field sobriety test to potentially avoid conviction.