Recent content by tsdanir

  1. T

    Other Immigration Law Collateral Attack -

    If a LPR took a plea bargin in a criminal state court as a result of not being properly admonished and had erroneous advice from counsel that caused him to ultimately be held by the Dep. of Homeland Security and put in deportation proceedings after serving his sentence, could he then file a...
  2. T

    Criminal Trials, Hearings Motion to Supress Evidence

    So the Hearing will come first and if the motion is denied a trial will take place?
  3. T

    Criminal Trials, Hearings Motion to Supress Evidence

    When a motion to supress evidence is filed in a criminal case does a trial still need to take place or will the judge make a decision regarding the motion to supress the evidence on a pre trial basis?
  4. T

    felony or misdemeanor under federal law?

    What's the difference between state and federal law? Also, is Possession of a Controlled Substance = 1 >= 4 < 200 grams considered a felony under Federal Law or under the Contolled Substance Act? a violation of 841 (B) (2) (iii) is this a misdemeanor under Federal Law or the CSA?
  5. T


    If you took a plea bargain and the court documents has the box checked that says "no appeal" and it's after 30 days anyway, can you still appeal based on technicalities or anything else?
  6. T

    Why would a criminal history report shows wrong charge... WHY?

    possession of a controlled substance (CS) VS. Manufacture and Deliver. To be charged with manufacture and deliver is worse than to just be charged with possession with intent to delvier. I pulled these records from an official state website.
  7. T

    Criminal Law INS Hold

    Deportation Pending.... is it possible to stop deportation? I know that there are several forms that can be filed, but, not sure which ones to file. Also, if one is married to a US Citizen are they still deporatable if they are a resident?
  8. T

    Why would a criminal history report shows wrong charge... WHY?

    My b/f is currently in Jail and being charged with Possession of a CS with Intent. However, we pulled his criminal history report and it shows MAN/DEL. Why would it differentiate and how can this be corrected?
  9. T

    Criminal Law INS Hold

    If one who is currently in jail was given probation after completing their sentence, but has since had an INS hold put on them and is scheduled to get out on 5/30/08.... what will happen? This morning the jail said that his case was disposed and his release date is 5/30 (they didn't mention a...
  10. T

    Deferred vs. convicted

    In looking at a criminal history report, next to "court disposition" it shows "deferred". While I understand that deferred, typically means to be postponed or put off... can you please advise what it means for a court disposition, and how is that handled by the courts? sentance was 30...
  11. T

    Other Immigration Law Does it make a difference where you're from?

    Do you think it makes a difference where you're from when considering deportation? For example: If one is from Mexico, they can throw you on a bus for a couple hundred bucks. However, in Countries such as Chile or Nigeria or any other that are further away, you would have to fly the deportees...
  12. T

    Criminal Law Maximum sentance imposed

    If I researched it correctly, I beleive it's 2-20 yrs. Not sure if cocaine is considered a methanphetamine or what the technicle term is....
  13. T

    Deportation, Re-entry Consideration for Deportation -

    My boyfriend had some small misdemeanor convictions in 97 & 98. He received his residence in 2000. If he were to be convicted of something after 2000 could the 97 & 98 charges be used against him to consider deportation? I know that they law states that "any alien convicted of ___ with...
  14. T

    Alcohol & Drugs: MIP, MIC, Intoxication where can I look to find penalties for crimes committed in my State?

    Is there a website where I can go to find the penalties and sentances possible for possession crimes? TEXAS Thank you,
  15. T

    Arrest, Search, Seizure, Warrant Violation of IV Amendment - What can be done?

    Exactly, with enough money! Thank you! (I can barely afford gas! Let alone an Attorney!) Thanks.