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Boyfriend was parked illegally , gets arrested. he is charged with possession of a controlled substance & has a INS hold

San Bernardino, CA |

HS11377(A) and has a INS hold. cant he fight his case and stay in the U.S?

Attorney Answers 3


  1. There are a few issues that you need to deal with. Even if parked illegally, because that is an infraction, it does not warrant a search incident to arrest! So, a motion to suppress may be in order. Also, some other things that your boyfriend MUST know. If they offer him DIVERSION on this case, meaning he can enter a plea and then have it withdrawn at a later date, that will still cause him to have immigration consequences and he can be deported!

    Therefore, your boyfriend should not, for the time being, take a plea bargain. He needs pre-plea diversion. There are a lot of factors that still must be considered, but this is just a general outline to follow.

    Elliot Zarabi
    www.FreeCriminalConsultation.com
    213-612-7720

    Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I do not know the full details of the case and therefore cannot make a full determination on your case or your answer. I always recommend speaking to an attorney in detail regarding your case.


  2. I agree that a search and seizure issue would be a great defense to this charge. I also agree that a standard Deferred Entry of Judgment is treated like a conviction for immigration purposes and may not be the best way to handle the case. As far as the ICE hold, in some cases clients are getting the electronic monitor (ankle bracelet) and in any case, he may be able to post bond in immigration court. I recommend speaking to a criminal defense attorney in your area who can speak to what is going on locally.

    www.losangelesdefenders.com


  3. There appears to be a Fourth Amendment violation here that may assist your boyfriend. In addition, there may be several options available to your boyfriend regarding the INS hold. However, there are not enough facts here to provide a meaningful answer. I suggest contacting an attorney to review the facts and develop a strategy. Many reputable attorneys offer a free consultation. I suggest meeting with at least one soon while the facts are still fresh in your boyfriend's mind. Not only for that reason, but by contacting an attorney early you have an opportunity to confer with the prosecution beforehand with the possibility of having the charges rejected altogether before the court date.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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