My husband has 2 weeks to enter a plea it was a felony ,which was reduced to a misdemeanor will this considered a non-"aggravated felony" or an "aggravated felony" crime.drug trafficking of a controlled substance and the police department twice asked by D.A"prosecuter and to no avail the department refused to reveal the C.I.so do they have a case or not?because ,without a witness no case right?
Optional Information: center, ColoradoAlready Tried: you ,and ive read up on the immigration law
If he pleads to a Misdemeanor, it is a misdemeanor and is not a felony at all. The state may have a case without the Confidential informant if there is sufficient evidence to convict without the CI. Of course, it certainly significantly weakens the case.
iN THE STATE OF COLORADO ,MEANING THE IMMAGRATION LAW BECAUSE MY HUSBAND IS A LEGAL PERMINENT RESIDENT ALIEN AND WHAT IM ASKING WOULD IT BE CONSIDERED A NON "AGGRAVETED FELONY" OR A "AGGRAVATED FELONY" EVEN IF IT IS REDUCED TO A MISDEMEANOR ,BUT APPLYING TO THE IMMIGRATION LAWS?
That is an immigration question and not one related to criminal law. However, any crime with a possible penalty of more than a year in jail is considered under the immigration code to be an aggravated felony. The penalty is the critical issue.
but they dropped it from a felony to plea to a misdemeanor charge no jail time would it still be considered an aggravated offense?if it still is could i file a post conviction?
The question is not what jail time he gets, but the possible jail time and the probationary period. With a misdemeanor, he is likely okay.
but will the misdeamenor be different with the immigration laws cause some can be considered aggravated felonys to the immigration law,so if by some chance it would be considered an aggravated felony to immigration law would a post conviction do any justice ,cause a deportable conviction i think should be reviewed for any potiential ground of-conviction relief and does it have a 2 year statue of limition?AND does this work in the state of colorado??????
It would not be an aggravated felony. However, it could still be a crime of moral turpitude which can also affect immigration, depending on the charge.
If he entered a plea, post conviction relief is unlikely.
Lawyer with 19 years of litigation experience in state and federal court systems.
he hasn"t entered a plea he has 11 days to enter a plea so can he if it is an aggravated felony to immigration law can he file for a post conviction relief cause he hasnt entered the plea agreement yet!
sorry im half asleep what i meant to say if it happens to be a aggravated felony through immigration law do i still have time to file a post conviction relief ?but if it's a non-aggravated felony with immigration law,I wouldn"thave to worry about being deported.But just in case after your answer I'll ask a attorney fimilar with the judical and immigration laws and how they affect my chance of being deported>and after i recieve your answer i will accept thank-you!for being patient with my questions.wormlou39348.0928263079
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