Illegal Reentry Lawyer
Entering The US Illegally
If you have been arrested for illegally trying to cross Arizona state lines and are facing Illegal Reentry charges, hiring a skilled and experienced defense attorney can be the difference between a favorable outcome and a devastating one. Josh Kolsrud can help you understand your charges, build a strong defense, negotiate with the prosecution, and protect your rights in court.
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❗During Josh’s 14 years as a state, international, and federal prosecutor, he tried over 100 cases to verdict. As an Assistant United States Attorney (AUSA), Josh handled over 3,500 cases, with the vast majority dealing with border crimes including Illegal Reentry. Josh and his team will work tirelessly to defend your rights and protect your interests throughout the legal process.
At the Kolsrud Law Offices, we believe that everyone is entitled to a fair and just legal defense.
We are dedicated to providing our clients with the highest level of service and representation, and we will work tirelessly to defend your rights and protect your interests.
Contact us today to schedule a free consultation and learn more about how we can help you.
What Does Illegal Reentry Mean?
Illegal reentry is a federal crime that is committed when an individual who has previously been removed or deported from the United States returns without permission. This offense is covered under 8 USC § 1326 and is considered a serious crime in the United States.
The penalties for illegal reentry can be severe and can include imprisonment, fines, and even deportation.
Arizona’s international border with Mexico is 372 miles long with six ports of entry. Arizona’s lengthy border is more than twice the size of California’s Mexican border, employing thousands of Border Patrol, Customs and Border Protection, and Homeland Security/ICE agents. Arizona’s lengthy border creates a great opportunity for migrants seeking to enter the United States illegally.
Human Trafficking Organizations charge migrants between $5000 and $10,000 per person to cross into the United States illegally. If caught, migrants may face charges of illegal entry or illegal reentry.
A first-time offender who has not been removed before will be charged with illegal entry, considered a misdemeanor under 8 U.S.C. § 1325 and may face up to six months in jail.
However, if a migrant has one prior removal, they will be charged with illegal reentry under 8 U.S.C. § 1326(a), which carries a maximum sentence of two years. If a migrant has one prior felony conviction, they may be charged with 18 U.S.C § 1326(b)(1) and could face up to ten years in prison or 8 U.S.C. § 1326(b)(2) and could face up to twenty years in prison.
How does someone commit an illegal reentry offense?
8 USC § 1326 - Illegal Entry makes it a crime for any person who has been deported or removed from the United States to subsequently enter or attempt to enter the country without proper authorization.
To be convicted under 8 US Code § 1326, the prosecution must prove the following elements beyond a reasonable doubt:
The defendant was previously deported or removed from the United States. This means that the defendant must have been physically removed from the country by immigration officials following a formal removal or deportation proceeding. If the defendant left the United States voluntarily, he or she cannot be convicted under this statute.
The defendant subsequently entered or attempted to enter the United States without authorization. This can include entering the country illegally by crossing the border or attempting to enter the country by presenting false documents or making false statements to immigration officials.
The defendant knew or reasonably should have known that he or she was not authorized to enter or attempt to enter the United States.This means that the defendant must have had actual knowledge that he or she was not authorized to enter the country or that a reasonable person in the defendant's position would have known that he or she was not authorized to enter the country.
Penalties for Illegal Reentry According to 8 USC § 1326
If convicted of illegal reentry, a defendant can face significant penalties, including imprisonment, fines, and deportation. The length of imprisonment and amount of fines will depend on the specific circumstances of the case, such as whether the defendant has a prior criminal history or if they committed other crimes in addition to illegal reentry.
As stated above, a first-time offender who is convicted of illegal reentry can face a maximum sentence of two years in prison, while a defendant with a prior criminal history or who committed other crimes in addition to illegal reentry may face a maximum sentence of 20 years in prison.
In addition to imprisonment, a defendant convicted of illegal reentry may also face significant fines. The amount of the fine will depend on the specific circumstances of the case, including the defendant's criminal history and the severity of the crime.
For example, a first-time offender may face a fine of up to $250,000, while a defendant with a prior criminal history may face a fine of up to $500,000.
A defendant convicted of illegal reentry will likely face deportation. This means that the defendant may be removed from the United States and barred from returning in the future.
* Note: It is important to know that deportation is a civil matter and is separate from the criminal penalties associated with illegal reentry. Typically, an immigration attorney is needed for deportation.
Hiring The Right Defense Attorney is Important
Our criminal defense team has a deep understanding of Illegal Reentry laws, as well as the strategies and tactics that are most effective in defending against these charges. We know that facing Illegal Reentry charges can be a stressful, overwhelming, and emotional experience.
We are committed to providing you with personalized attention, compassionate support, and honest, straightforward advice every step of the way.
We will keep you informed about the progress of your case, answer your questions promptly and thoroughly, and ensure that you understand your rights and options at every stage of the legal process.
If you or someone you love is facing Illegal Reentry charges in Arizona, don't wait to seek legal help. Contact us today to schedule a confidential consultation and learn more about how we can assist you. We are here to help you navigate this challenging time and provide you with the expert guidance and support you need to achieve the best possible outcome in your case.
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An award-winning criminal defense attorney Since 2006
Why Choose Josh Kolsrud
With over 100 trials to his name, and years of experience as a state and federal prosecutor, Josh understands the law, the legal process, and your rights. Josh is also committed to representing every client with utmost integrity and dedication
Josh has prosecuted major crimes on the state and federal level, led a successful anti-human sex trafficking operation that saved lives, and argued before countless juries and justices for his clients
Josh is an expert in both Arizona and federal criminal law, and is ready to put that expertise to work for you.
As a prosecutor, Josh saw far too many defendants lose their livelihood due to poor representation. Josh will always give every client his complete attention and effort