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Is it possible to be deported? What is the best way to handle the situation? Lawyer no Lawyer?

Novato, CA |

My uncle, who is undocumented, was pulled over on Saturday for driving under the influence. After being tested, he also came out positive to Marijuana. It is his first DUI and there was no one injured nor an accident. We're still awaiting court on Tuesday, but would like to know what is the best way to handle the situation.

Attorney Answers 6

  1. Always better to err on the side of caution. A short visit with an immigration attorney doesn't have to break the bank. The know you more the better decisions you'll be able to make. If you can't find one, send an e-mail ( to Chris Todd and see what he would charge for a consultation.

  2. I'm changing the category in this to immigration law. A consultation with a good immigration attorney will probably only cost $50-150. Both his plea and the final outcome of the case WILL have ramifications on his ability to stay in the US in the future and it is very likely that Immigration and Customs Enforcement will be notified that he does not have legal status in the US. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.

  3. Is he still in custody or has he been released o his own recognizance.

  4. Is it possible? Yes and it is almost a definite he will be placed in removal proceedings. Do you need an attorney? No you and your uncle can fight you case on your own and will stand almost no chance of success. So do you "need" an attorney, no, unless you want your uncle to have any real chance of remaining in the US.

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

  5. I agree with my colleagues here. You need to consult an experienced immigration attorney. At Brandt immigration we have over 10 years experience successfully representing clients facing deportation and removal.

    Chad M. Brandt
    Brandt Immigration

  6. How did court go Tuesday? Is your uncle out of custody? Your questions involve the immigration consequences of a criminal case and it is extremely important that your uncle knows and understands the immigration consequences before making decisions about his criminal case. You definitely want to consult with an immigration lawyer that knows about criminal law or a criminal defense lawyer that knows about immigration. Almost any controlled substance conviction, including marijuana will result in deportation, although a standard DUI does not require mandatory deportation. Being undocumented and in custody will likely result in an ICE hold and in Marin will mean more jail time than is usual for the charges. Please have your uncle follow up on this situation before it becomes much worse. My offices are in the Mission in San Francisco and I deal with this situation all the time.

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