My cousin got arrested and is being charged with DRIVING WHILE IMPAIRED,HIT/RUN LEAVE SCENE PROP DAM,MANUF,SELL/DEL,POSS W/INT C/S and POSSESSION C/S and he also has an immigration detainer so he wont get out of jail this is his first arrest ever.
Criminal Defense Attorney
Without knowing more it is very difficult to know how much time he will get. However if there was a substantial amount of drugs he could be in store for a very still sentence. The practice in most jurisdictions is to make some do their time and then deport them afterwards.
Criminal Defense Attorney
If he gets convicted, he's getting deported. No questions asked. So, any time he may have to spend in jail on the criminal case, if convicted, bears no correlation to his deportation. How much time if he is convicted is an entirely different matter. State or Federal? What exactly are the charges?
This is not intended as legal advice.
Patent Application Attorney
The two biggest charges here (which the DA will like not drop) as the DUI and the drug possession charges. I would be surprised if the other charges were not dropped - but nothing says that a DA has to drop them.
If this is indeed his first arrest and no previous DUI's, then in NC he would be treated as a Level 5 offender. This means a day in jail or 24 hours of community service, substance abuse assessment, loss of license, and a fine and court costs.
It will depend on the drug. In any case you are looking at several months (e.g. marijuana) to several years (e.g., crack cocaine)
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Unfortunately your cousin will have to be detained until the charges are resolved. A lot of this answer depends on the facts surrounding the case. Find an experienced attorney who may be able to resolve a plea in which your cousin gets time served and then deported.
Also, if he has never been in trouble and depending on how long he has been here, he may have relief or adjustment in his status.
Attorney Gregory Spink is licensed in North Carolina, with a focused practice in Mecklenburg and Gaston Counties. Nothing is intended in this post to serve as legal advice. It is my opinion based on studying the law and passing the Bar Exam and should not be construed as legal advice. You should always contact a local attorney, who is familiar with local rules. Each case must be judged on a case by case basis with all evidence being reviewed by a licensed attorney. Nothing in this post should be construed as creating an attorney and client relationship.