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?
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.
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?
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...
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...
sentance was only 30 days jail time and 5 yrs. probation with Community Service. (however, maximum POSSIBLE was more)
The judge only gave the 30 days plus. probtn.
What kind of Waiver do I need to obtain in order to avoid a deportation hearing? Is it just called a "Waiver"?
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...
Thank you for the response.
The crime is for possession of a controlled substance. Does this fall under a "moral turpitude" crime?
If not, does the same rule still apply? (Deportable if possible sentence for crime is over 6 months)
