Can I repoen a court case to avoid deportation? 3 Answers as of June 08, 2011I got arrested in 2006 and convicted for possession for sale of marijuana. I didn't realize that that is a deportable charge. I was wondering how to go about this situation. What are my options? Can I reopen this closed case and go through trial? The drugs weren't mine but I just took the deal because my lawyer told me that if I got convicted after trial that I would get the full term.
Komanapalli Massey LLP | Mark A. Massey, Esq.
Get lots of money together because to have any chance will cost you in the neighborhood of $50 thousand plus. I would file a petition for writ of habeas corpus or some such tool to argue that your attorney failed to inform you that pleading to a felony would cause you to be deported. That is a tough thing to do, just getting a writ together. Then you have to also demonstrate that you would not have pleaded guilty had you known, AND, that you more likely than not would have received a misdemeanor or not guilty if you had not pleaded to that charge to which you did plead at that time, that you would likely could have struck a deal for a lesser charge or have beaten it altogether at trial. Get $50 k and call Komanapalli Massey LLP. Good luck.
Answer Applies to: California
Nelson & Lawless | Terry Nelson
No. That case is over. You now can fight deportation with whatever defenses may be available. Consult an immigration specialist. It wont do you any good in the INS action, but if not deported you can consider getting the conviction expunged; which would help in obtaining and keeping employment. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be retroactively reduced to a misdemeanor, if necessary, and then withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If you're serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
Answer Applies to: California