Legal Remedies to Avoid Deportation After a Criminal Conviction in Turkey
A criminal conviction in Turkey can lead to serious consequences for foreign nationals, including the risk of deportation. However, deportation is not always inevitable, and there are legal remedies available to challenge and prevent it. Understanding these legal pathways and seeking help from an experienced English-speaking lawyer in Istanbul is essential to defending your right to remain in Turkey.
Consequences of Criminal Conviction for Foreigners
Turkey takes a firm stance on criminal convictions involving foreign nationals. Crimes such as drug-related offenses, terrorism, human trafficking, and violent acts are among the most serious and often lead to automatic deportation. However, even lesser offenses can jeopardize a foreigner’s residency status, as Turkish authorities consider the overall threat to public safety when determining deportation orders.
Legal Remedies to Avoid Deportation
Appealing the Criminal Conviction
The first and most immediate remedy is to appeal the criminal conviction itself. If there are grounds to question the legality or fairness of the trial, or if evidence was mishandled, an appeal can potentially overturn the conviction. This would eliminate the basis for deportation. Working with a skilled criminal defense lawyer is critical during this stage, as they will ensure that your rights were upheld during the trial and that the conviction can be properly contested.Challenging the Deportation Order
Even if a conviction stands, foreign nationals have the right to challenge deportation orders. Legal grounds for challenging deportation include humanitarian concerns, personal circumstances, or violations of international human rights obligations. If deportation would result in significant harm to the individual or their family, lawyers can file petitions to stay the order, arguing that the deportation is disproportionate to the offense or circumstances.Humanitarian and Compassionate Grounds
Deportation can be challenged if it would cause undue hardship to the individual or their dependents. For example, if a foreign national has a family residing in Turkey or if they face severe risks in their home country, their lawyer can present evidence showing that deportation is not in the best interest of the individual or their family. This includes potential dangers they may face if returned to their country of origin, such as persecution or violence.Application for Residency on Exceptional Grounds
In certain cases, foreign nationals may apply for residency based on exceptional circumstances, even after a criminal conviction. Turkish law provides provisions for foreign nationals who have integrated into society or whose deportation would violate the rights of family members living in Turkey. A lawyer can assist in preparing and filing such an application, emphasizing the individual's connection to Turkey and the impact deportation would have on them and their family.Temporary Suspension of Deportation (Deportation Stay)
If an appeal or other legal remedies are pending, a deportation stay can be requested to delay the execution of the deportation order. This allows the foreign national to remain in Turkey while their legal challenge is considered. A stay of deportation can be crucial, as it provides additional time for your legal team to present arguments against the deportation and negotiate alternatives, such as community service or reduced sentencing.Negotiating Alternatives to Deportation
In some cases, lawyers may negotiate with Turkish authorities for alternatives to deportation, such as fines, community service, or probation. These alternatives are usually reserved for less severe crimes or for individuals who have demonstrated good behavior and a willingness to comply with Turkish law. Negotiations like these require experienced legal representation to navigate complex procedures and secure favorable outcomes.
The Importance of Legal Representation
Navigating the Turkish legal system, especially when dealing with deportation and criminal matters, is complex and requires expert knowledge of both criminal and immigration law. Engaging an English-speaking lawyer in Istanbul is critical to protecting your rights and preventing deportation. A lawyer experienced in handling criminal defense and deportation cases will guide you through each step, from appealing the conviction to challenging the deportation order.
How Altun Legal Can Help
At Altun Legal, we specialize in providing legal defense for foreign nationals facing deportation in Turkey. Our English-speaking lawyers in Istanbul understand the complexities of Turkish law and are equipped to handle both criminal convictions and immigration issues. We provide tailored legal strategies to help you avoid deportation and protect your residency status.
If you or a loved one is facing deportation after a criminal conviction, contact us today to discuss your options. We offer expert legal guidance to challenge deportation orders, defend your rights, and secure your future in Turkey.
This article is intended for general informational purposes only and not intended as a substitute for the advice and counsel of an attorney. If you want to contact an English-speaking lawyer in Istanbul for more information, you can contact our office.
