[Frank Artville]

I am a US resident (green card), I have been indicted on money laundering charges, we are currently negotiating prison term.

My lawyer tells me that once I get out of jail, I will be automatically processed by the DA and send back to Europe / country of citizenship.

I have my wife (US citizen) and 2 kids here in the US.

When / if I am charged with a felony, will I automatically be extradited upon completion of prison term?

If so, can I travel to the US or am I not welcome for XX years?

Thank you,

Frank

[mountain_man]

I believe that in most cases you would be extradited home (Europe) and may never be allowed back, especially with a felony but that is very dependent on what kind of lawyer you have, your history, and nature of the offense

[excon]

Hello Frank:

I think the proper word would be deported, and yes the US will do it. Plus, I believe, like Mountaindude, that they can keep you out if they have a mind to.

So, if you're already negotiation prison, that means you've already copped out. Did you sign a statement already?? Since you're not going to be allowed back in, you might not want to plead guilty. Unless of course, they've got you cold. Sounds like they do. I don't know.

Didn't your lawyer even consider a not guilty plea?? Where did you get him?

excon

[Frank Artville]

I have not signed a statement yet. I was the only person involved and the rest of the organization was not involved.

Basically, I accepted money as a payment towards an titem that my organization brokers, the money, I was told came from drug sales, and I pretended not to know.

Undercover sting: I am on tape / camera, they have a pretty solid case according to my lawyer. He has 30 years experience on both sides (prosecutor, criminal defense attorney, well known local white collar defense lawyer with good connections (he says)).

It is my first encounter with the law ever, I am out on bail. I can still plead not guilty and go for a trial by jury.

It was a sting operation by the IRS, and I was the guy 'on call', it could have been anybody else in my office (but they might not have accepted the deal)
I have assisted the DA office to see if they could get more people involved, but there is nothing.

If I plead guilty, right now I am looking at 23 -25 pts, and according to the Sentencing Guidelines, that means 46 - 71 months. Then deportation.

If I plead not guilty, go for a trial, get convicted, I get 30 points, 97 - 121 months. Then deportation.

If I am found not guilty, life goes on. :)

38 years old, very comfortable life, and everything is turned upside down from one day to another. One deal. One bad judgement.

[mountain_man]

It doesn't sound like a good situation and sounds like you have a legitimate attorney... my suggestion is to have your wife and kids look at houses and living situations back home

[excon]

Hello again, Frank:

The feds are hard to beat. If you can negotiate a top at anything below 46 months, I would. If you haven't signed a statement, you still have a bit of leverage. They don't have much, but there still good time you can earn off that number. I don't think they have parole anymore.

When and if you're found guilty, do NOT let your guard down when you visit the probation office for your pre-sentence report. THAT report will follow you through your entire incarceration. It will be used at the basis for any custody, parole, or good time considerations. Do not admit to having done this before. Don't let the PO who is writing the report speculate...

When you are sentenced, ask the judge to recommend (that's all he can do) a minimum security institution near your home. Ask for as much time to prepare as you can get. ASK to self report.

At least the feds have better food.

excon

[ScottGem]

I just want to clarify some terms here. First, you are negotiating a plea bargain/sentencing recommendation not quite a prison term. Since you are under indictment, you have a choice to plead guilty in return for a reduced sentencing recommendation (note: the judge is generally not bound by the recommendation, but usually goes along) or plead not guilty and go to trial.

Second, you can be deported (not extradited) after your prison term as a felon. That may be negotiated as part of your plea agreement.

[Frank Artville]

Thank you all very much for your answers.

Mountain man: my wife is a US citizen, born and raised here. I met her here in the US. My kids go to school, they / we have nothing in Europe (apart from my parents, I have not lived there for >15 yrs), my wife's family is here in the US as well.

ScottGem: From what I understood, Immigration law has nothing to do with criminal law, and the ADA has indicated (according to my lawyer) that my possible deportation is not in her court and she can't do anything about it. Whether I am citizen or resident alien, she wants to apply the law and does not care.

excon: what makes you feel comfortable with the <46 months? Right now, I am trying to let them sweat, by not giving in, also, I have been granted permission for a far away oversease trip for the next week. I am also assuming the ADA does not want to take a 'minor' case to trial, they like to take Big Fish to trial from what I heart.
There is no chance of parole (that I am aware of). What do you think the real amount of prison time (Federal Camp) would be? And what do you base it on?
Also, what do you mean by not letting my guard down?
Lots of questions from my side, but my experiences with the law are pretty much limited to 'Law and Order', and 2 speeding tickets in 6 yrs.

Thank you,
Frank

[ScottGem]

ScottGem: From what I understood, Immigration law has nothing to do with criminal law, and the ADA has indicated (according to my lawyer) that my possible deportation is not in her court and she can't do anything about it. Whether I am citizen or resident alien, she wants to apply the law and does not care.

You understand correctly. But that doesn't mean the DA, ADA, parole board, IRS or someone else won't send a note to INS when you are due to be released.

[Frank Artville]

Thank you, but prior to that you mentioned ' Second, you can be deported (not extradited) after your prison term as a felon. That may be negotiated as part of your plea agreement.', so that means that there is no negotiations regarding deportation, right?

[ScottGem]

No it means that you may be able to negotiate an agreement to not be deported.

[excon]

what makes you feel comfortable with the <46 months?

Hello again, Frank:

I don't know. I don't think you should be in jail at all... But, I know the feds think you do, and they're serious about it. It's only a money crime. You're a first offender. But, there's a minimum, isn't there. Even if the judge likes you.

In my case, I thought that since I already plead guilty and there was a max they could sentence me to, I told the PO who was writing my Pre sentence report all about my crime and others. It was a BIG mistake, because even though I was convicted for x, my pre sentence report said y, and that's what they based my prison life on. It sucked.

excon

[Frank Artville]

Hello again,

I just got out of court, NOT GUILTY on all charges!!

I decided not to go along with the first lawyer I mentioned, I replaced him with a lawyer who started of thinking and looking at the documents with an open mind, unlike my first attorney.

My advice for anyone: don't engage a lawyer who has been on the Government side, they seem more eager to please the government, not the client.

In the end, the case against me was a sting operation, when we looked at the evidence and listened to the tapes, it became clear that the agents involved did everything they could to get me to commit a crime. I admitted to the crime in front of the jury, and my attorneys made it clear with the government agents that they had entrapped me.
After 10 days of trial, it took them 2 hours to come back with a non guilty verdict.

I had never committed a crime before, or after. This is the best day of my life. My advice to everybody: be aware of government agents everywhere, big brother is watching.

Frank