Representing Undocumented Immigrants in Criminal Cases

June 29, 2022




The life of an illegal immigrant is very stressful because of their status in the country. Human rights violations and injustices have affected illegal migrants. Many are accused of criminal offenses, many times unfairly.

This grave situation needs the help of criminal defense lawyers such as Vela Law. Our firm has the experience and the bilingual capabilities an undocumented client needs.

Trusting Your Defense Attorney

It’s crucial that undocumented migrants are aware of their rights in the USA. Some immigrants think they must keep their undocumented status secret. This includes their own defense attorneys. They might be concerned that their defense lawyers plan to turn them in.

Hiding information from your legal representation is a mistake. Your lawyer is on your side, even public defenders assigned to you by the court. All the attorneys who agree to represent you have the duty to protect your rights. Divulging your information without consent violates your right to attorney-client confidentiality.

Illegal Immigrants Have Rights

The 14th Amendment of the Constitution grants every person in the US certain rights. It doesn’t matter if they are citizens or not.

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

This law applies to undocumented immigrants due to the word “person.” The amendment is specific in using “person” as opposed to “citizen.” This section of the amendment covers everyone, including all illegal immigrants.

Miranda Rights

The Miranda warning is given to suspected criminals in custody.

It provides the suspect the right not to respond to police interrogation and to have his attorney present during questioning.

The Right to Representation in a Criminal Trial

An undocumented person has the right to a defense lawyer in a criminal court case. Public or not.

Having a retainment agreement with a qualified and trusted criminal defense attorney is vital. You need experienced representation to handle your case. These accusations could result in deportation, jail time, and even a death sentence.

The right to a public attorney doesn’t extend to immigration court. It’s a matter of civil law, not criminal. However, illegal migrants can hire a private immigration law firm to represent them.

Vela Law Will Defend You

The Vela Law Firm has provided legal representation in the Austin, Texas, area since 2018. Vela Law’s bilingual criminal defense lawyers have the expertise you need for your case. We have represented defendants, undocumented or not, for DWI, drug possession, assault, and many other criminal offenses. Contact our law firm to schedule a consultation today.