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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...

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?

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?

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?

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?

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...

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...

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...

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...

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

to make a long story short - cops knocked on door, boyfriend answered, cops pushed way inside. -univited-no search warrant- cops wake me up with flash light and yanked covers off me we were put in handcuffs before we knew what the cops wanted or why they were there. Coersed me...

My friend was convicted in 1999 for domestic violence. He was given 1 yr probation and paid a fine plus took anger management classes. Last year he had some warrants and turned himself in to pay his "debt." About a month after he did time for the warrants, he was pulled over for...

Title 8 of section 237 of the INA Act, states that an alien becomes deportable if he/she commits a crime in which the sentence imposed is one year or more. In regard to this act, can you please clarify "sentence imposed". Example: If sentenced to 2 yrs. probation and no jail time, are you...

My boyfriend is a LPR and has a valid green card that doesn't expire until 2012. Recently, he got in trouble for drug charges. He hasn't been convicted or sentanced yet, as we are taking this to court. However, the "federal laws" consider this an Aggrivated Felony (and I beleive aggrivated...

I am named on an apartment lease with my boyfriend, however, I do not reside at that residence. I live in my own house. I was only added to the lease because my b/f needed a co-signer. I was spending the night with him one night and the cops busted in with out a warrent. They coerced me...

The other night the cops knocked on the door and my boyfriend answered it. They pushed their way through. They ran through the house with flash lights yelling and waking everyone up. I was the last up. They brought us into the living room and put us all in hand cuffs with out even telling...