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My brother was arrested for a felony control substance and he is an illegal immigrant. Will he get deported?

Arroyo Grande, CA |

He was in the passenger side where the meth was found but he does not use it. He was getting a ride from a friend and it belonged to her. Could he be drug tested to show he doesn't use it and be cleared of the charges?

Attorney Answers 4


  1. It's too late to drug test him now. But, depending on his status and a number of other factors, he could potentially be looking at removal proceedings. He should consult with an immigration lawyer in addition to a criminal attorney, particularly if charges have already been filed. It is also possible that when the DA reviews the police reports he might not be charges, but again, that depends on the facts and circumstances of the situation.


  2. Are these still charges, or has he been convicted?

    If merely charges, talk to his criminal defense attorney.

    If convicted, take a copy of the record of conviction to another attorney, for a 2nd opinion.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  3. If your brother is charged, he really needs to hire an attorney to avoid any conviction that would make him removable, especially when he is innocent.

    This is general information, not legal advice. This does not establish any attorney client relationship.


  4. Upon conviction, a very strong possibility.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. If you have further inquiries you may contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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