Ask Me Help Desk - Probation violation

Hi all, I had been convicted of a felony (marijuana possession and the intent to distribute)
It was about one pound as they claim... but at the time of my arrest I had less then one ounce on me and 1k of marked money.( which they found later at the station in my jacket pocket) that was my first offence ever or anything... My lawyer was week since didn't know who to get on who was qualified.. I was arrainged and sentenced to 2 months in the pre-releasing center and a 3year pending sentence... I did my time then on to probation
2 months in to my probation.. I was all clean... but due to threats and for the safety of my family I left the states , now its been 10years and I want to come back home to my mom and dad and brothers and sister who are all Citizens and I am not.. I want to appeal my case to be rechecked for error's that my previous lawyer didn't even bother to look.. however my main question is if I come back what am I looking at.. I want to surrender and not do the time but restart my probation where I left off and start my life again.. Ok and the other question is.. Is the INS going to deport me back under new laws..
My parents have simple people and they now nothing on how to handle this case..
What does the Virginia state law indicate for me... replyy

Hello How:

The first thing is, STOP DREAMING. You are NOT going to pick up where you left off. However, this is only a little pot deal and this IS your first offense. If you come back, I'll bet you'll only do a month or two, and then back on probation. If they catch you, you'll do years.

Hire a good lawyer.

No, if you're an American citizen, you can't be deported.

excon

Well I am not a US citizen and my green card has expired also... I can come back with help of my parents . So will they still deport me... and will I be only doing 2 months that all..
Give me good adivse.. and dream due come true if you have a good heart and an ambition to achieve...

Ok, first believe it or not, most illegals are not deported when they are arrested, In fact here in TN Nashville has asked persmission to hold and deport people, ( they could not do it automatically but had to ask permission)

And I guess a silly question, do they even know you are illegal, you know most illegals go in and out of the system, and no one knows they are illegal unless they tell someone.

So if you come into the US and get stopped there is a warrant out for you for leaving on your probation, but if you turn yourself in, most likely after a couple months you have a hearing, and get put back on probation.

Then you run a risk after that of being deported or not, but guess what if you do get deported them, you don't have a warrant for your arrest, you are done with your criminal liablilty and you just come back to the US again ( I know illegally) but then you come back again without a warrant or fear of anything except being illegal

Quote:

Originally Posted by HowdoIgetoutofthis

well i am not a US citizen and my green card has expired also...i can come back with help of my parents ..

Hello again, How:

Well, that changes everything. I don't even know if they'll let you back in the country. You say you can. Ok - I don't know about that. But they certainly might deport you after you do your little bit of time.

You need an immigration attorney in addition to a criminal one. Good luck.

excon

Well I thank you very much for shedding the light on my topic.. I have been doing research for a quiet a while now, and I have found a law firm in my area and have done some research on them as well they are two lawyers one handles criminal cases and the other Immirgartion so both run the same Law firm..

I lived in the us prior to my arrest for about 15years.. I was offered the citizenship after my arrest and I declined with the knowledge of if I do accept and my case goes forward then I will not get it because of my felony and by the way it was suggested by the person that I had the INS interview with..
Your probably hate my questions by now.. but I am preparing myself for the time to come..
I am married and have two lovely kids and a wife.. My son is 8 and my Daughter is 5.

I have a clean record ever since I have been here. You think a good lawyer can get me those 2-3 months of time which I am willing to do for the future of my kids because here where I live they will not have a future as they would by studying In the USA. Then get on probation.. but if I am on probation then will they still deport me. I have searched the immigration related websites GotTrouble.com - finding local solutions to everyday troubles! is a very helpful site and I love the fact it has some good information..
1. I have been in the usa for 15years
2. My entire family is a US national
3. I am willing to surrender myself to get this behind me as hit haunts me everyday
4. It was my first crime ever...

I deserve a second chance.. do you think they will let me stay. Under these circumstances..
visit that website if you any questions *for reader's of this blog I wish you all the happiness that the world has to offer my you prosper*

Quote:

Originally Posted by HowdoIgetoutofthis

your probably hate my questions by now..but i am preparing myself for the time to come..

Hello again, How:

I don't hate your questions. I actually like 'em.

There isn't going to be a concrete answer for you BEFORE you act. Your lawyers can't guarantee anything. However, if anybody deserves to stay, you do. I don't know what they'll do.

You're just going to have to pays your nickel and takes your chances. I'll give you 6 to 4 odds that you'll win.

excon

You have been a great person to chat with...
I hope so buddy I hope so..