Yes, it is very important she speak with an immigration attorney to address citizenship concerns and avoid deportation. There are many fabulous immigration attorneys in NYC with whom I regularly consult.

SINCE SHE IS HERE FOR A LIMITED TIME ON A TOURIST VISA IT IS IMPORTANT THAT SHE HAVE AN ATTORNEY WHO CAN PUT IN THE NECESSARY TIME AND EFFORT TO RESOLVE HER MATTER QUICKLY AND NOT LEAVE HER WITH ISSUES THAT WILL PREVENT HER FROM COMING BACK TO THIS COUNTRY.

WINNING AFTER TRIAL IS OF COURSE THE BEST SOLUTION. BUT A TRIAL IS NOT ALWAYS PRACTICAL BASED ON THE FACTS AND CIRCUMSTANCES LEADING TO THE ARREST.

AT THE VERY LEAST YOUR COUSIN SHOULD AVOID A DISPOSITION TO ANYTHING THAT WOULD BE CONSIDERED A CRIME OF MORAL TURPITUD0E. THERE ARE ALTERNATIVES WHICH WOULD RESULT IN HER NOT HAVING A CRIMINAL CONVICTION.

Yes, your cousin should consult an immigration attorney. All criminal defense attorney's are required under a new(er) Supreme Court ruling to advise their clients, prior to a plea, of any and all potential immigration consequences that could result from the entering of said plea. With that being said, the majority of criminal defense attorney's do not specialize in immigration law. Different crimes and different dispositions, paired with an individuals immigration status and prior history can vary. Thus is it important that an immigration attorney assess the situation to determine what, if any, crime or violation a defendant may be able to plea to, should that be something they are interested in.

She should definitely consult with an immigration attorney in addition to a criminal defense attorney. If she pleas to a crime of moral turpitude, she could subject herself to deportation and negatively impact any future visa applications. How long is her tourist visa valid? A criminal defense attorney can advise her on the charges and options for attempting to enter a plea for a less serious crime, particularly one not involving moral turpitude given the serious visa consequences.

Disclaimer - This post is intended to provide general information and is not intended as legal advice. Consultation should be made directly with an attorney for advice based on specific, detailed circumstances.

I would highly recommend speaking with an attorney who specializes in the both immigration and criminal defense so that they can best advise you on the potential consequences to your cousin's immigration status here in the United States. Depending on how US immigration law views the state law where she is facing charges, this could affect her ability to return to the US in the future or to remain here, if that was her plan. It is very possible an attorney knowledgeable in both areas could work out a reduction or amendment to her criminal charge that would not negatively affect your cousin.

Absolutely! Many criminal defense lawyers do not understand the immigration consequences of a criminal conviction.

If she avoids a conviction, there should be no problem. If she needs to plea to something, an immigration lawyers advice would be needed.

she needs to tell the lawyer who represents her that she cannot plead to a crime of moral turpitude. I have had this issue on several occasions. I told the DA that he had to give me a plea to an offense that would not jeopardize my client's immigrations status. We went back and forth (and in the meantime I was consulting with a very fine immigration lawyer I know) to make sure the crime was not deemed one of moral turpitude under the Immigration and Naturalization Act. In this case where the charge is public lewdness, you might well get the DA to drop the charges or plead to disorderly conduct as a violation or ACD the case.

It is a good idea to consult with an immigration lawyer in addition to a criminal lawyer based on what you wrote.

Typically criminal defense attorneys do not know much about immigration law. Consult with a good immigration attorney before making any decisions with the criminal case.
Good luck. Michael Larsen