What are the legal options for a first-time drug possession charge in NJ?:
I am facing a legal situation in New Jersey. Recently, after an argument with someone who showed up at my home uninvited, the police were called. During their visit, they found a date drug in my possession, which I had for personal reasons not related to the date. I was arrested and detained for a day. My visa has expired, and I am undocumented, making it difficult for me to afford legal counsel. I've been charged with possession of a date drug, and this is my first offense. I have a hearing this coming Tuesday.
Can you advise me on: 1. What are my options if I can't secure a lawyer before the court date? Can the court provide me with one, or should I plead guilty? 2. What are the possible outcomes in terms of sentencing for a first offense? Is there a likelihood of going to jail, and for how long? 3. What should I expect during the court hearing, and is there a risk of deportation due to my undocumented status?
Benjamin’s answer:
To begin, never include so much information in an online posting. You have no expectation of privacy and anything you post can be used against you. Second, you have been charged with a very serious crime and the fact that you do not have legal status makes things much more serious and complicated. There are several possible ways to deal with the situation but I would need the answer to several questions before being able to give further information.
For example, is this your first criminal charge of any sort? Have you taken advantage of a diversionary program previously? How and when did you enter the US? Of what country are you a native and/citizen?
You are extremely fortunate that ICE did not take you into custody immediately after you were released from police custody. However, that could still be an issue so I would want to know if you already have an attorney for your immigration situation and if you are in any proceedings at this time.
With answers to the above questions it would
easier to answer your questions.
I got arrested for a DUI on January 7th 2024 and I haven't heard anything from the court clerk. Who noted that she'll call me : Why haven't I been notified to appear in court it's been 8 months
Benjamin’s answer:
Hi. I can only imagine how stressful this must st be for you. Unfortunately, it is impossible to answer your question without more specific information. However, the easiest and most efficient way to resolve this is to contact the court directly.
Additionally, it does appear from your question that you may not yet have an attorney. I would strongly suggest that you contact an attorney as soon as possible. These types of cases are very serious and can be very complicated. You really should retain counsel as soon as you can do so. If
I-130 approved, I-485 denied, what should I do next? :
I filed I-130 and I-485 concurrently for my parents. I-130 got approved and I-485 we received denial for abandonment due to departure. Applied in April 2023.
We accidentally took a 4 day vacation (June 5 - June 9) and I was no aware of the rule.
We were able to reenter as my parents had pending biometrics appointment, so I assumed that USCIS is still processing our case. We even submitted out Form I-693 for Medical Examination as USCIS requested it, all this time still unware.
We just received denial notice, My parents are very only (78 and 87 respectively, and traveling long flights is hard now.) and have no one to take care of them back home in India.
What should I do?
1. If I reapply, will they have to redo medical exam and biometrics again? because it seems unfair that USCIS kept us in the dark from June to Feb and still requested all medical exam and stuff. They could have denied before requesting medical exam.
2. Motion to Reconsider seems tempting but on what grounds?
Benjamin’s answer: This is a very good question. Much more information is needed to be able to answer your question. You should consult with an experienced immigration, attorney as soon as possible.