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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89291
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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What is the sentence for an illegal immigrant who is charged

Customer Question

What is the sentence for an illegal immigrant who is charged with endangering welfare of a child x 2 counts aggravtaed assault, has an INS hold in New Jersey?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  GeorgetownLawyr replied 2 years ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....do you mean the sentence in criminal jail or the immigration consequences???
Customer: replied 2 years ago.
I understand the person will get sent to their country however, criminal jail sentence is my question. He is saying he is guilty .
Expert:  GeorgetownLawyr replied 2 years ago.
Let me ask for this question to be sent to the criminal law section of this site so a criminal attorney can answer this for you. Thanks and please be patient, the moderator will transfer the question as soon as they get to it. Best regards.
Customer: replied 2 years ago.

Okay maam.

 

But after the person gets sent to his country. Will we be able to get married?

Expert:  Law Educator, Esq. replied 2 years ago.
Yes, you can still get married, but if he is deported for being an illegal immigrant he cannot reenter the US for a minimum of 10 years. Also, the charges he is facing are serious. The endangering charge is a felony punishable by up to 10 years in prison and the assault charges are misdemeanors punishable by up to 1 year in jail each. These charges are also moral turpitude offenses which would be sufficient to deny admission back into the country even if he was not an illegal entrant and barred from readmission based on those grounds alone.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 89291
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you replying.
I will wait for marriage then however, are you saying he could face jail time for a few years before INS even comes to take him back to his country?
Expert:  Law Educator, Esq. replied 2 years ago.
Yes, if he is convicted he could be made to serve his term in jail before he is deported.
Customer: replied 2 years ago.
I know he has already said he is guilty.
It's only been three weeks since he is in jail. This hasn't gone to trial yet.
Even if he admits to charges, could the sentence be different?
For an illegal immigrant who has a INS hold, do you think the judge will give a lesser charge because he is admitting to them?
Expert:  Law Educator, Esq. replied 2 years ago.
It is likely his attorney could work a deal with the prosecutor for a guilty plea in exchange for immediate deportation and no jail time.
Customer: replied 2 years ago.
Hi,
Okay well I appreciate your answers.
One more thing, he has a public defender than a lawyer.
Should he just ask the public defender to work this deal with the prosecutor?
Expert:  Law Educator, Esq. replied 2 years ago.
Yes, he should used the public defender and get them to try to work out a deal for him.
Customer: replied 2 years ago.
God bless you Paul.
I appreciate your precious time.
Expert:  Law Educator, Esq. replied 2 years ago.
Any time. Tell your friend not to plead guilty to anything without some deal and it is his public defender's job to work out some deal for him.
Customer: replied 2 years ago.

Hi Paul,

 

I am back to ask you another question. The inmate has not heard from his public defender. He even has her name and phone number however that won't speed anything up.

He is waiting for the public defender to show up. I gave him your advise and hopefully it will turn out for the best for him.

I have to make an appearence in front of a Grand Jury soon. I received a letter and then I realize the trial is thereafter.

We soon will find out what the verdict is and hopefully it will be immediate deportation.

How long after the verdict is in will INS take him out of the jail and send him back to his country is my question to you?

Expert:  Law Educator, Esq. replied 2 years ago.
You need to contact the public defender again, but sometimes they are so busy it takes them time to get to each client.

An INS verdict can take 6-8 months maximum unless his attorney can delay that with motions pending the other case or work out a deal to dismiss the criminal case in favor of voluntary deportation.

The grand jury will typically render their decision within 30 days.
Customer: replied 2 years ago.
Thank you Paul for everything
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you.

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