I was sentence to 18 months in federal prison for conspiracy to commit fraud with IRS taxes. My status is a permanent resident only and I understand that if I stay in prison for 12 months or more I will be deported. I have the right to appeal and my question is: do I have a chance to have the sentence reduced to serve only 11.5 months? to avoid deportation? I have a family here my wife and two small children which are US citizens.
Personal Injury Lawyer
Yes but not through probation or parol. A federal sentence may be reduced under certain conditions based on a motion by either party to correct a sentence, or based on a motion to reduce pursuant to 18 USC 3553 for cooperation.
This is not legal advice. This is merely a recommendation on how to get what you need from the Court.
Criminal Defense Attorney
Seek out an attorney with experience in criminal defense and in immigration. It is possible to get a conviction reduced on a motion to modify or reduce/reconsider the sentence. This motion will be heard in front of the Judge that actually sentenced you. I do not know the facts of the case, but you may have a better shot through the motion to modify sentence rather than the appeal. Plus the appeal will take too long anyways, so that will do you no good.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. You should consult with an attorney immediately.
You may be deported anyway if tax fraud is a crime of moral turpitude. If you didn't get advice about deportation before you plead guilty, your conviction may be subject to attack via a 2255 motion under Padilla v. Kentucky.
Answers are for informational purposes, not legal advice for your specific situation. www.appealsandhabeas.com