Hi my friend was convicted of POSSESSION OF DRUG PARAPHERNALIA MISDEMEANOR FIRST DEGREE. He is 23 yrs old never been in trouble before or since. He has a Permanent Residency status. He came here at 18 went to school received his GED. At 21 is when he got into trouble.
He is currently working. He went to Cuba to visit and when he came back Home land security took his green card and gave him a temperary one. it now 7 months later and he has to go to court in two weeks. When he got in trouble he did probation and went to drug counseling and paid $1000.00 in fees. This over a 0.3 gram bag of coke. What might happen. What can he do to help himself from being deported or doing more time? Please help
Criminal Defense Attorney
Possession of cocaine is a FELONY and not a misdemeanor. You indicated that it is "over a .3 gram of a coke. There is no MINIMUM amount of cocaine required in order to be charged with possession of cocaine.
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Criminal Defense Attorney
Call Mr. Hackworth as your friend needs a criminal lawyer. I have also reposted your question under immigration so you can get some answers regarding deportation.
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Your friend's conviction is for a an offense relating to a controlled substance and therefore subjects him to possible deportation. The fact that it is a misdemeanor is irrelevant in this context. Depending on the specific facts of his case he may, however, be eligible for relief from deportation in the form of a waiver granted by an Immigration Judge.
Your friend should consult with an experienced immigration attorney immediately. His failure to do so could result in his deportation from the United States.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
As an Immigration Attorney I can tell you that he has an uphill battle. Possession of a controlled subtance with Immigration is grounds for deportation. What we need to know is when and how much trouble did he get into before? Also there might be ways we can get him a waiver for his recent arrest. In either case, he needs to sit down and give lots of details before we can say if he can be helped or not. Please take the time to see an Immigration lawyer. I am in Tampa if you need me. Emel Ersan, 4511 N. HImes ( bet. MLK and HImes). 813-449-4422.
This is only a short advice- you should not file anything without getting the full facts from a lawyer.