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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23561
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Situation: Sentenced with an aggravated felony: sentence was

Customer Question

Situation: Sentenced with an aggravated felony: sentence was 1 year suspended sentence, but had to serve 8 days...*****probation.... 200 communitiry service hours... and ordered to pay restitution.. But after the 8 days, was released to ICE,
and deported. What happens to the sentence, once they deport you.... do they still stand?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
If you failed to complete the sentence then a warrant should have issued for your arrest and the sentence would still stand. But since the defendant didn't voluntarily absent himself from the jurisdiction of the court and deliberately fail to complete his requirements, if he's concerned about this he should consult with a US criminal lawyer in the state where his case was. A lawyer would likely be able to lift the warrant and get the defendant resentenced to time already served, to close the case.
Customer: replied 1 year ago.
Are you an Utah lawyer.
Expert:  Zoey_ JD replied 1 year ago.
No, I am not licensed in Utah. JustAnswer is not a law firm and you would not be able to retain one of us to do this for you. Lawyers here can only provide legal information.
But if you wanted to talk to a Utah criminal attorney and see if he could handle something like this for you, you could contact the Utah Bar Association's Lawyer Referral Service. They charge about $50 for the referral which includes a free half-hour consultation with the lawyer. You could have that consultation over the phone since you could not come in to meet him.
http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=UT
Customer: replied 1 year ago.
okay, one more question, as I looked at the formal charges.. I was ordered to*****probation, 200 communitity service hours, which I completed, and to pay full restitution,, no monthly amount or time limit was set on when restitution would have to be paid. They sent an order to mother in laws, which she opened and read too me over the phone on June 11th.. that on June 12th, they were requiring me to be at a cause hearing???? to explain why I haven't paid anything more back yet.. then they sent out the warrant, when I didn't appear. The problem is I am deported.. and I have lost most of my jobs.. what should I have a lawyer file for motions??? and could they send me back because I haven't paid anything yet?
Expert:  Zoey_ JD replied 1 year ago.
Did this warrant just issue the other day?
If so, you could hire a lawyer to appear in court and lift the warrant by explaining that you were deported and cannot return. They cannot do anything about your restitution requirement. That is part of your sentence and cannot be eliminated or reduced. But what a lawyer may be able to do is to convince the judge to enter the amount as a civil judgment. That way you won't face arrest for not repaying it, though any assets here in the states could be subject to liens if you have any.

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