Why Novo Legal for Your Crimmigration Defense

We're not a big corporate firm that handles immigration as a side practice. We're not criminal defense attorneys who will tell you to "just go ask an immigration lawyer." We're a bilingual, community-rooted human rights firm with deep bench experience in both criminal defense and immigration law — because our community needs both.

We fight for our community. Many of our attorneys are immigrants or children of immigrants. We speak Spanish fluently — not as a service, but as the language of our homes.

We understand both systems. Our criminal defense attorneys and immigration attorneys work in the same office, on the same cases. You get a team that coordinates strategy from day one — not two separate lawyers who never talk to each other.

We take the tough cases. Aggravated felony charges. Prior deportation orders. Complicated criminal histories. Clients other firms won't touch. We've built our practice on the hard cases because those are the cases our community faces.

We know what's at stake. Your freedom. Your family. Your future in this country. We carry that weight with you, and we fight like it matters — because it does.

START YOUR DEFENSE TODAY

If you're facing criminal charges and you're worried about your immigration status, the first decisions in a case matter most. Statements to law enforcement, charging negotiations, and plea decisions made early on can have lasting immigration consequences — long before the criminal case is over.

At Novo Legal, we offer consultations for crimmigration matters. In a consultation, we walk through the charges, talk through the possible immigration consequences in general terms, and explain the options on the table. Whether to retain counsel is your decision; outcomes depend on the specific facts and applicable law. We'll tell you what we know, what we don't, and whether we're the right firm for your case — and if we're not, we'll point you to who is.

Book a consultation. Hablamos español.

Frequently Asked Questions

Can a criminal charge get me deported?

It depends on the charge, your immigration status, and how the case is resolved. Some charges — "aggravated felonies" and most "crimes of moral turpitude" under federal immigration law — trigger removal even after a sentence is served, sometimes years later. Other charges may carry little or no immigration consequence, depending on the offense, the disposition, and the person's status. The shape of the plea, not just the verdict, is often what determines the immigration consequence.

What is "crimmigration" and why does it matter?

Crimmigration is the overlap between criminal law and federal immigration law. A criminal-defense attorney who is not thinking about immigration can negotiate a plea that looks good in criminal court but quietly triggers removal under the Immigration and Nationality Act. Under Padilla v. Kentucky, 559 U.S. 356 (2010), criminal-defense counsel has a Sixth Amendment duty to advise non-citizen clients on the immigration consequences of a plea — but compliance varies, and the safest approach is to have a defense team that practices both bodies of law on the same case.

What's the difference between a "crime of moral turpitude" and an "aggravated felony"?

Both are federal immigration-law categories, not state criminal-law categories — meaning a state misdemeanor can fall inside either category depending on how the statute is written and how the conduct is charged. "Crimes of moral turpitude" (CIMTs) generally involve fraud, dishonesty, or conduct reflecting an intent to harm. The aggravated-felony category is defined under 8 U.S.C. § 1101(a)(43) and includes some offenses that are not actually felonies under state law. It is the most consequential category in immigration law: aggravated-felony convictions generally trigger removability, foreclose most forms of discretionary relief, and trigger mandatory detention under INA § 236(c) in most cases. Whether a particular conviction falls into either category is a fact-specific legal analysis.

What happens to my green card if I plead guilty?

A guilty plea does not automatically cost a lawful permanent resident their green card, but certain plea outcomes can. A conviction in the CIMT or aggravated-felony category can put a green card holder into removal proceedings. The amount of jail time, the elements the prosecution charges, and whether the plea is to a specific subsection of a statute can all change the immigration outcome. Lawful permanent residents facing criminal charges typically need both criminal-defense and immigration analysis on the same case before any plea is entered, because the categorical analysis under federal immigration law often turns on the specific subsection of the statute charged and the sentence imposed.

Does a deferred judgment or a sealed record protect me from immigration consequences?

Not necessarily. Federal immigration law has its own definition of "conviction" under 8 U.S.C. § 1101(a)(48)(A), and that definition is broader than what counts as a "conviction" under Colorado state law. A Colorado deferred judgment and sentence, for example, often still meets the federal definition of a conviction for immigration purposes — even if it is later dismissed under state law. Sealing or expungement of a state record generally does not erase the conviction for federal immigration purposes either. Negotiating a state-court disposition with the federal definition in mind is part of what crimmigration defense addresses up front, rather than after the plea.

Does an undocumented person have the same defense rights as a U.S. citizen?

Yes. The Sixth Amendment right to counsel, the Fifth Amendment right against self-incrimination, and the Fourth Amendment protections against unreasonable searches and seizures apply to everyone physically present in the United States, regardless of immigration status. Status can affect what plea options are realistic and what collateral consequences a conviction will carry — but it does not change the constitutional protections owed in the criminal case itself.

What if ICE detains me after a criminal arrest?

ICE detention after a criminal arrest is a separate federal proceeding from the underlying state criminal case. The two cases run on different tracks, in different courts, with different lawyers and different deadlines. Decisions made in the criminal case — particularly plea decisions — can directly affect bond eligibility, relief options, and the path of the immigration case. A team coordinating both the criminal and immigration sides on the same case can align plea decisions with the immigration consequences in real time, which is often harder when two attorneys are working independently across different forums. See also: What to Do if ICE Detains a Family Member in Colorado.

How does a DUI affect immigration status?

A single DUI is generally not, by itself, a crime of moral turpitude or an aggravated felony under federal immigration law. But a DUI charged with aggravating factors — a child in the car, driving on a suspended license, leaving the scene, a serious bodily injury, or a pattern of repeat offenses — can shift the analysis. DUI convictions also become highly relevant in any future immigration application as evidence of "good moral character." A first DUI is rarely the end of an immigration story; it is, however, often the start of one. See also: DUI immigration consequences — green card holders vs. undocumented.

Can a conviction be undone if it caused immigration consequences?

Sometimes. Padilla-based post-conviction relief — including motions to withdraw a plea where defense counsel failed to advise on immigration consequences — is recognized under Colorado law (see Pozo v. People and Kazadi v. People). Other vehicles include challenges to the underlying conviction on constitutional grounds or sentence reductions that bring an offense below a deportability threshold. Post-conviction relief is fact-specific and often time-limited; the earlier it is evaluated, the more options usually remain.

Should I take a plea my criminal-defense attorney recommends if I'm not a citizen?

Non-citizens generally benefit from a separate immigration-consequences review of any proposed plea before it is entered. A plea that ends a criminal case quickly can also end years of lawful presence, and the criminal court will not ordinarily flag that risk on the record. Under Padilla, defense counsel has a duty to advise non-citizen clients on the immigration consequences of a plea, but the categorical analysis is technical and the controlling precedent changes frequently — which is why a second look from counsel who practices both bodies of law is a standard part of crimmigration defense.

Do you handle cases in both English and Spanish?

Yes. Every Novo Legal attorney and client-facing staff member is bilingual in English and Spanish, and we handle crimmigration cases in either language across Colorado. Consultations are available in both languages; fees vary by case type and are explained before scheduling.