Can a Minor Criminal Offense Really Lead to Deportation If I’m Not a U.S. Citizen?

Yes. Even seemingly minor offenses—such as shoplifting or possessing small amounts of controlled substances—can have immigration consequences that sometimes include deportation. Under federal immigration law, certain offenses are classified as “crimes involving moral turpitude” or “controlled substance violations.” A non-citizen who pleads guilty, goes to trial, or otherwise faces conviction for these offenses could be deemed “inadmissible” or “deportable,” depending on the specific charge. Because immigration and criminal law operate under two distinct legal systems, a plea arrangement that appears beneficial for a U.S. citizen may still trigger severe immigration penalties for non-citizens. That is why crimmigration representation is essential. A lawyer who understands both criminal defense and immigration processes can help minimize or avoid outcomes that jeopardize your residency, work authorization, or future eligibility for a

How Do I Decide Between a Bench Trial and a Jury Trial in Pennsylvania?

Choosing between a bench trial (where a judge decides the facts) and a jury trial (where a group of community members decides) is a critical decision in any criminal case. Several factors go into making this choice: Complex Legal Issues: Community Sentiment: Potential Emotional Biases: Likelihood of a Favorable Negotiation: Because the choice can affect your odds of acquittal, sentencing outcomes, and how you present your defense, it’s best to discuss each option’s advantages and disadvantages in depth with your lawyer. Attorney Santee will help you weigh these considerations and guide you toward the strategy that best aligns with your interests.

If I Appeal My Conviction, How Long Will It Take to Get a Decision?

The timeline for an appeal in Pennsylvania varies based on several factors, including court caseloads, the complexity of the issues raised, and whether the case requires an oral argument. Here is a general outline: Notice of Appeal: Preparation of the Record: Briefing Schedule: Oral Argument (if granted): Decision: Complex appeals or those involving novel legal questions may require more time for the judges to analyze the case. Additionally, if the losing party seeks review by the Pennsylvania Supreme Court, more months—even up to another year—can be added. Although the appeals process may feel lengthy, it offers an invaluable opportunity to correct legal errors that could significantly impact your future.

How Much Time Do I Have to File a Post-Conviction Relief Act (PCRA) Petition, and What Happens If I Miss the Deadline?

Generally, you have Exceptions to the One-Year Rule Newly Recognized Constitutional Rights: Newly Discovered Evidence: Interference by Government Officials: If you miss the one-year deadline and do not meet any of these exceptions, the court typically loses jurisdiction to hear your petition, and you may be barred from obtaining relief—even if your claim is otherwise meritorious. For this reason, it is critical to consult with a post-conviction attorney promptly. A knowledgeable lawyer can help you navigate the technical requirements, preserve your right to seek relief, and build a solid petition showing how errors or newly discovered evidence warrant a second look at your conviction or sentence.

Pennsylvania Criminal Lawyer | Criminal Issues Attorney in Media, PA

Santee Law Offices/

Pennsylvania Criminal Lawyer

Criminal Issues Attorney in Media, PA Serving Clients in Delaware County, Philadelphia County, Bucks County, Chester County, Montgomery County, and Throughout the Commonwealth of Pennsylvania

When you are confronted with criminal issues in Pennsylvania, your future, reputation, and even your family’s well-being can be put at risk. As a Pennsylvania criminal lawyer with 25 years of experience, Attorney David Santee understands that navigating the criminal justice system can feel overwhelming—especially when you are also concerned about matters such as immigration, protecting your constitutional rights at trial, or seeking relief after a conviction.

Contact Santee Law Offices today to ensure your rights are vigorously protected throughout every stage of your case.

Our Strategic Approach to Criminal Issues

Our first step in every case is to develop a defense strategy. We critically evaluate whether the Commonwealth has sufficient evidence to prove its case, identify weaknesses in the prosecution's arguments, and determine what evidence we can present to effectively counter the claims against you. Attorney Santee will discuss these crucial issues during your very first meeting and continue to refine these strategies throughout your case as new information emerges.

We firmly believe that the only way to achieve the best possible outcome is to prepare thoroughly for trial in every case. While the final decision about going to trial ultimately rests with you, Attorney Santee will remain by your side throughout the entire process, providing trusted advice and counsel. Our commitment is to be fully prepared to try your case while clearly explaining all available options so you can make the most informed decision for your specific situation.

Facing a Criminal Issue?

Get a confidential consultation with a top-rated criminal lawyer in Media, PA.

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215-935-4481

Criminal Services We Offer in Pennsylvania

At Santee Law Offices, our Pennsylvania criminal lawyer provides comprehensive representation across a wide spectrum of charges throughout the state. Attorney David Santee brings many years of courtroom experience to every case, defending clients facing misdemeanor and felony charges with the strategic advocacy and personalized attention your case deserves.

1. Crimmigration

Facing criminal charges while trying to maintain or obtain lawful immigration status can feel like a catastrophic collision of two complicated legal systems. Even seemingly minor criminal matters can lead to severe immigration consequences, including deportation and inadmissibility.

What Is Crimmigration?

Crimmigration refers to the legal overlap where criminal and immigration laws intersect. Criminal courts and immigration courts operate independently of one another, yet an outcome in one system can affect your status in the other. A plea deal that may be inconsequential for a U.S. citizen could trigger deportation or denial of future immigration benefits for a non-citizen.

Who Needs a Pennsylvania Crimmigration Lawyer?

Non-citizens facing criminal charges (including lawful permanent residents and visa holders)
Green Card holders with past convictions planning to travel or renew their status
Immigration attorneys seeking criminal defense guidance for clients
Families of detained immigrants whose cases involve criminal charges or convictions

How Santee Law Offices Can Help

Pennsylvania crimmigration attorney David Santee’s deep experience in both criminal defense and immigration law equips him to handle crimmigration matters with sensitivity and precision. We:

Evaluate each client’s immigration background to anticipate potential pitfalls.
Work to secure outcomes in criminal court that minimize or eliminate immigration risks.
Pursue post-conviction relief if existing convictions threaten current or future immigration status.

If you or your loved one faces criminal allegations and immigration complications, contacting Santee Law Offices promptly can make the difference between remaining in the United States and being forced to leave.

2. Jury Trials

Standing trial before a jury of twelve strangers is a daunting experience. Every nod, every note, and every moment of eye contact can feel like a life-altering judgment. When you add the complexities of courtroom procedure and legal strategy, the weight can be overwhelming.

Jury Trials vs. Bench Trials

In Pennsylvania, those facing misdemeanor or felony charges typically have a right to a trial by jury, where the jury serves as the fact-finder. You can also waive this right and opt for a bench trial (also known as a waiver trial), where a judge alone decides the verdict. Each option has advantages depending on the nature of the offense, legal arguments involved, and how evidence may resonate with judges versus jurors.

Skilled Advocacy and Preparation

At Santee Law Offices, we:

Thoroughly prepare for trial by investigating the facts, analyzing the law, and building a compelling defense narrative.
Employ effective voir dire (jury selection) techniques to uncover hidden biases and ensure you receive a fair jury panel.
Create reasonable doubt in the prosecution’s case by scrutinizing evidence, cross-examining witnesses, and demonstrating any weaknesses or inconsistencies.

Pennsylvania jury trial lawyer David Santee has represented countless individuals at trial over the past 25 years. He has also taught trial advocacy to law students and practicing attorneys, honing his skill in presenting complex facts to laypersons and judges alike.

3. Appeals & Post-Conviction

Sometimes, a guilty verdict or ruling in the trial court is not the end of your legal options. Judicial errors, prosecutorial overreach, or ineffective assistance of counsel can taint the fairness of your trial. Our justice system recognizes these imperfections and offers avenues to correct them.

Pursuing Justice Beyond the Trial

Appeals – Direct appeals involve challenging errors made during trial, such as improper evidence admission or incorrect jury instructions. If the judge made a legal mistake and it affected the outcome, you may have grounds for an appeal before the Pennsylvania Superior Court.
Post-Conviction Relief – Under Pennsylvania’s Post-Conviction Relief Act (PCRA), you may raise issues not readily visible during the trial (e.g., ineffective assistance of counsel, newly discovered evidence, or a newly recognized constitutional right).

How Santee Law Offices Can Help

Comprehensive record review: We scour trial transcripts and case files to identify missteps by the court or counsel.
Compelling legal writing: Our appellate briefs meticulously outline constitutional errors and legal precedents in a clear, persuasive manner.
Strategic post-conviction approach: If new evidence comes to light or your attorney failed to safeguard your rights, we can file a PCRA petition or other forms of relief.

If you feel that mistakes during your trial led to an unjust result, do not lose hope. Pennsylvania appeals and post-conviction lawyer David Santee will evaluate the viability of an appeal or a PCRA petition and guide you through each step.

4. Post-Conviction Relief

A final conviction does not always mean there are no further remedies available. Through the PCRA, individuals currently serving a sentence—whether imprisonment, probation, or parole—may challenge their convictions or sentences for specific reasons.

Grounds for PCRA

To succeed under the PCRA, you typically must show at least one of the following:

Ineffective assistance of counsel
Newly discovered evidence that would likely change the outcome
Constitutional violations that undermined your rights
Improper or illegal sentencing
Lack of jurisdiction of the convicting court

Strict Deadlines and Exceptions

You generally have one year from the date your judgment becomes final to file a PCRA petition, though there are narrowly defined exceptions (such as newly discovered evidence or newly recognized constitutional rights). Missing this deadline can bar relief permanently, so it is crucial to act quickly.

Our Approach to PCRA

In-depth investigation: We search for overlooked evidence, witness statements, or police reports that support a claim of error or injustice.
Focused legal arguments: We tailor PCRA petitions to the precise statutory requirements, ensuring that any claims are firmly backed by case law.
Zealous advocacy: Attorney Santee will represent you at all PCRA hearings, including evidentiary hearings, cross-examinations, and oral arguments.

Even if you think your conviction was inevitable or set in stone, it is worth exploring these available remedies. The Pennsylvania legal system has recognized that errors do occur—and Pennsylvania post-conviction relief attorney David Santee is here to ensure your case receives the fair treatment it deserves.

Why Choose Santee Law Offices for Your Criminal Issues

1. Extensive Trial and Appellate Experience

Attorney David Santee has spent 25 years defending Pennsylvanians in criminal courtrooms and teaching trial advocacy to other lawyers.

2. Strategic Focus on Intersectional Cases

Our firm adeptly handles crimmigration matters where criminal charges can collide with immigration status.

3. Client-Centered Approach

We understand the personal and financial stakes of criminal charges, and we work closely with you to develop strategies that protect both your rights and your future.

4. Commitment to Thorough Preparation

From pre-trial motions to appellate briefs, we immerse ourselves in every detail to help you achieve the best possible outcome.

Contact a Criminal Issues Attorney in Media, PA, for a Case Evaluation

When the risks to your freedom, record, and immigration status are this high, you deserve a legal team that can advocate for you in every facet of Pennsylvania criminal law. Whether you are charged with a crime, facing the complexities of crimmigration, preparing for a jury trial, or seeking relief through appeals and post-conviction remedies, Santee Law Offices stands ready to help.

Call us today at 215-935-4481 to schedule a confidential consultation, or reach out through our online contact form. Attorney David Santee will listen to your story, explain potential strategies, and guide you through the legal process—every step of the way.

Frequently Asked Questions About Criminal Issues in Pennsylvania

Yes. Even seemingly minor offenses—such as shoplifting or possessing small amounts of controlled substances—can have immigration consequences that sometimes include deportation. Under federal immigration law, certain offenses are classified as “crimes involving moral turpitude” or “controlled substance violations.” A non-citizen who pleads guilty, goes to trial, or otherwise faces conviction for these offenses could be deemed “inadmissible” or “deportable,” depending on the specific charge.
Because immigration and criminal law operate under two distinct legal systems, a plea arrangement that appears beneficial for a U.S. citizen may still trigger severe immigration penalties for non-citizens. That is why crimmigration representation is essential. A lawyer who understands both criminal defense and immigration processes can help minimize or avoid outcomes that jeopardize your residency, work authorization, or future eligibility for a Green Card. If you find yourself charged with a crime and have any form of non-citizen status, seeking legal counsel immediately is crucial to protecting both your freedom and your ability to remain in the country.
Choosing between a bench trial (where a judge decides the facts) and a jury trial (where a group of community members decides) is a critical decision in any criminal case. Several factors go into making this choice:
Complex Legal Issues: In cases involving intricate legal or technical evidence, a bench trial may be advantageous because a judge is trained to analyze complex matters without the emotional considerations that can sometimes sway a jury.
Community Sentiment: If your case facts or defenses are likely to appeal to everyday perspectives—such as self-defense claims or eyewitness credibility—then a jury trial might offer a more sympathetic audience.
Potential Emotional Biases: In some scenarios, judges may remain more detached, which can be beneficial if the facts of your case are potentially inflammatory. However, in other cases, an attorney may perceive jurors as more receptive to personal narratives of hardship or injustice.
Likelihood of a Favorable Negotiation: Sometimes choosing a particular trial format can influence plea negotiations or sentencing considerations. A defense attorney knowledgeable about the local court’s tendencies can advise on whether a judge’s past rulings might favor certain defenses more than others.
Because the choice can affect your odds of acquittal, sentencing outcomes, and how you present your defense, it’s best to discuss each option’s advantages and disadvantages in depth with your lawyer. Attorney Santee will help you weigh these considerations and guide you toward the strategy that best aligns with your interests.
The timeline for an appeal in Pennsylvania varies based on several factors, including court caseloads, the complexity of the issues raised, and whether the case requires an oral argument. Here is a general outline:
Notice of Appeal: You must file this within 30 days of sentencing (or within 30 days of the denial of any post-sentence motions).
Preparation of the Record: Once the appeal is filed, the trial court compiles the transcripts and relevant documents for the appellate court. This can take several weeks or months, depending on the length of the trial and availability of court reporters.
Briefing Schedule: Both sides (the appellant and the prosecution) submit written briefs. The court typically gives each party a set timeframe—often 30 to 60 days—to file these documents, though extensions can occur.
Oral Argument (if granted): In some cases, the appellate court may schedule an in-person argument where each side presents its case. The court may also decide based solely on the written briefs.
Decision: The Superior Court issues a written opinion. This process can take several months to over a year from the time the briefs are submitted.
Complex appeals or those involving novel legal questions may require more time for the judges to analyze the case. Additionally, if the losing party seeks review by the Pennsylvania Supreme Court, more months—even up to another year—can be added. Although the appeals process may feel lengthy, it offers an invaluable opportunity to correct legal errors that could significantly impact your future.
Generally, you have one year from the date your conviction becomes final to file a PCRA petition in Pennsylvania. Your conviction is usually considered “final” when your direct appeals are exhausted, or when the deadline for filing such appeals has passed and none were filed.
Exceptions to the One-Year Rule
Pennsylvania law does recognize a few limited exceptions. These include:
Newly Recognized Constitutional Rights: If there is a new constitutional rule deemed retroactive by the courts.
Newly Discovered Evidence: If facts supporting your claim could not have been discovered previously through reasonable diligence and would likely have changed the outcome.
Interference by Government Officials: If some governmental interference prevented timely filing.
If you miss the one-year deadline and do not meet any of these exceptions, the court typically loses jurisdiction to hear your petition, and you may be barred from obtaining relief—even if your claim is otherwise meritorious. For this reason, it is critical to consult with a post-conviction attorney promptly. A knowledgeable lawyer can help you navigate the technical requirements, preserve your right to seek relief, and build a solid petition showing how errors or newly discovered evidence warrant a second look at your conviction or sentence.