My husband got arrested this past Thursday he has an immigration hold , but hasn't had court until tomorrow. What can I do for him not to be deported? We have been married for almost two years and have a nine month old baby. He is been charged for cultivating and having marijuana for sale and on top of that he was already doing community hours for driving without a license.
Any charge for committing a crime involving drugs/controlled substances can be very serious. It is extremely important that your husband be properly represented by both an experienced criminal attorney AND an experienced immigration attorney to be certain that he is getting effective legal representation for all matters. Don't delay; retain the attorneys as soon as possible. Good luck!
Your husband may be facing serious criminal consequences and serious immigration consequences. The two systems are seperate, however there is crossover. Make sure that you retain an attorney in criminal field who understands immigration law. For example, it may be beneficial to post bond in the criminal case to force ICE to execute the detainer on immigration hold so you can seek a bond on the immigration case. However, your husband may be subject to mandatory detention and not entitiled to bond on the immigration case, so you would not want to waste your money on the criminal bond. Any plea to the criminal charge could have long lasting negative effects on his immigration status. A criminal defense attorney who understands immigration law, or who consults with an immigration attorney, may be able to fashion a plea, or create a defense, that alleviates the potential negative immigration consequences. Even entering into a pretrial diversion program could have negative consequences if he makes admissions in the diversion agreement paperwork. Make sure an experienced criminal and immigration lawyer review the case before he enters into any agreement.
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