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One of our employee was caught in a prostitution sting

operation. He was sentenced to...
One of our employee was caught in a prostitution sting operation. He was sentenced to 12 days jail and 3 yrs of probation. He is applying for alternate sentencing to do a work project. He got the below questions in his probation questioneer. What is the best way to answer these:1. MOTIVATION (Why did you Commit offense)?
2. Were You Arrested/Booked In Jail?If yes, where/when?
3. How Many Days Spent In Custody?
4. Give a Statement on Why You Should Be Granted Probation:
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Answered in 48 minutes by:
3/9/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,897
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified

Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

That looks to me like they are asking him to admit to the crime. I would ask not to admit to the crime and be put on some kind of diversion program where he avoids admitting guilt. If he going to be deportable if he admits guilt or is convicted? Most likely not as long as the sentence is less than 180 days in jail.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 5 months ago
They are asking to fill the form here, to request for alternate sentencing.Thank you for your response.https://www.placer.ca.gov/departments/probationPlease see the application for adults and help with the answers.

I understand that, but if he fills that out, he will be admitting to guilt and immigration sees it as a conviction even though the state may not see it as a conviction. Do you understand?

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Customer reply replied 5 months ago
Oh the court gave him 12 days of jail term, now he needs to take it for alternatives. I am not sure how to help him.
Customer reply replied 5 months ago
He is on green card

I understand that, but if he fills that out, he will be admitting to guilt and immigration sees it as a conviction even though the state may not see it as a conviction. Do you understand?

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Customer reply replied 5 months ago
Diversion program? It's in placer county of California.
Customer reply replied 5 months ago
https://www.placer.ca.gov/departments/probation/adults/alternative%20sentencing

Ok. Listen, if he admits guilt, it is a conviction for immigration purposes. I cannot tell you what alternatives he has in California criminal law since I am not licensed under California law. I am licensed under Florida law, but because immigration law is federal law, I can practice U.S. immigration law anywhere in the world and in fact, I flew once from Miami to San Francisco to represent someone being deported there in California and I did not have to ask the court's permission to do it. But as far as criminal law, I cannot give advice on that. I can only tell you that he is convicted, he could be deportable if the sentence is more than 180 days.

1. MOTIVATION (Why did you Commit offense)?

I don't know why he committed it. That's up to him to say or say nothing at all.

2. Were You Arrested/Booked In Jail?If yes, where/when?

I am not sure why you are asking me this. Wouldn't he know?

3. How Many Days Spent In Custody?

Again, I don't know that. He is supposed to know and state the truth.

4. Give a Statement on Why You Should Be Granted Probation:

He can state that he is remorseful and won't do it again, but like I said, this is admitting guilt.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,897
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo Senmartin, Immigration Attorney
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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