ARRESTED AT A PROTEST?
Know your rights.
BERKE LAW OFFICES, INC. STANDS WITH THE PROTESTERS
We will never stop our fight against injustice in any form.
Statement from the Offices
The lawyers at Berke Law Offices, Inc. see it everyday. Institutionalized racism is a reality and cancer. Even against the most skilled advocacy, it is too easy for people in power to ignore, disregard, or even disbelieve this truth, even when that truth is staring them in the eye. No less than the knee held on George Floyd's throat, the continued failure to take effective action against it at the highest levels of all three branches of our current government is itself a function of institutionalized racism. It is imperative, and has always been imperative, for the people of this country to recognize it, call it out for what it is, and work tirelessly to change it. Berke Law Offices, Inc. is standing with you in this fight.
BEING ARRESTED AT A PROTEST CAN AFFECT YOUR IMMIGRATION CASE
The right to protest and the right to gather are protected rights under the U.S. Constitution. However, being arrested at a protest or gathering canan have immigration consequences if you are not citizen of the United States.
There are certain types of immigration applications, including DACA and TPS, that do not distinguish between serious crimes and petty offenses. All discretionary immigration applications will be either denied or complicated by any conviction for a crime of moral turpitude, which includes all theft crimes. Even a mere arrest can be questioned in applications where good moral character is an element.
The bottom line is that if you are not a citizen of the United States and you have been arrested at a protest, it is imperative to contact a lawyer or law firm that understands the immigration consequences of criminal activity, such as Berke Law Offices, Inc., at your absolute first opportunity.
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A personal note from Robert G. Berke:
This is no joke. I was already practicing in this field during the 1992 Los Angeles riots. In fact, I was in court in downtown Los Angeles on the very day the riots broke out. I have represented many aliens who were arrested or convicted in those days of civil unrest and expect to represent many more who will be arrested now.
I can not stress enough how damaging the convictions have turned out to be on so many applications. They come up again and again and must be explained. In some instances, people have had to pay thousands of dollars to try to get those convictions vacated since simple expungements typically don't work for immigration purposes.
What bothers me most, however, is that many people were told that their guilty pleas would not affect their immigration cases or status. In 1992, immigration law was significantly different than it is today in the way criminal convictions can adversely affect a case. When the laws were overhauled in 1996, seemingly harmless convictions turned into unsolvable problems.
A consultation at Berke Law Offices, Inc. costs $100. Many firms offer free consultations. If you are a non-citizen who has been arrested at a protest, failing to speak with a qualified criminal immigration attorney is a gamble not worth taking.
Robert G. Berke, founder and CEO of Berke Law Offices, Inc.