View Full Version : Probation Violation & Deportation


damariz08
10-13-2011, 03:22 PM
Hi guys,
I hope someone can give me some input. My husband was voluntarily deported to mexico on May 27, 2011. On October 1st, he got caught crossing the McAllen, TX border. He was given 75 days for illegal entry and is currently at the Coastal Bend Detention Center in Robstown. Now the complicated part is that my husband was on a 5-year probation sentence for DWI. He had about 2 more years to be finished. Because he was deported in May, he violated his probation for not showing up to his PO visits. Anyways, he was told that when 12/14/11 comes around and he is released, he may be sent to the jurisdiction where he violated probation. Does anyone know how much time, if any they can give him? Or will they just deport him?

Also, does anybody know if its worth fighting his deportation. He came here legally 10 years ago with a visa. However, he overstayed it. He was arrested in May for drunk driving again, but the judge dropped the charges and turned him over to INS. He was given a $20,000 bond, but I obviously could not pay it. My husband didn't want to fight it and just signed the voluntary deportation. I am a US citizen and we have been married for 3 years. But, we don't have any kids.

Thanks.

26thncaliswag
10-13-2011, 03:28 PM
He could do the whole sentence. If he was deported. He should have supplied the PO with verifcation of deportation and the PO should have motioned it back.

lopez4ever
10-13-2011, 11:17 PM
75 days for illegal entry??? he was lucky... mine was caught at the border and was charged with re-entry and given 46 months!!! I guess you can count your blessings.... or i wonder if that is different than re-entry charges??????
:) either way, not bad at all.....
Good luck on the probation thing though... not really sure how that works....


Hi guys,
I hope someone can give me some input. My husband was voluntarily deported to mexico on May 27, 2011. On October 1st, he got caught crossing the McAllen, TX border. He was given 75 days for illegal entry and is currently at the Coastal Bend Detention Center in Robstown. Now the complicated part is that my husband was on a 5-year probation sentence for DWI. He had about 2 more years to be finished. Because he was deported in May, he violated his probation for not showing up to his PO visits. Anyways, he was told that when 12/14/11 comes around and he is released, he may be sent to the jurisdiction where he violated probation. Does anyone know how much time, if any they can give him? Or will they just deport him?

Also, does anybody know if its worth fighting his deportation. He came here legally 10 years ago with a visa. However, he overstayed it. He was arrested in May for drunk driving again, but the judge dropped the charges and turned him over to INS. He was given a $20,000 bond, but I obviously could not pay it. My husband didn't want to fight it and just signed the voluntary deportation. I am a US citizen and we have been married for 3 years. But, we don't have any kids.

Thanks.

damariz08
10-14-2011, 09:13 AM
Yeah, I've been reading a lot of other people's stories and everybody says their husbands got like years. I think it may be different bc this is the first time he entered illegally. I'm not sure, but yeah I'm very thankful that he only got 75 days vs. years. But, I guess we'll just have to wait and see what happens when he is released.
Good luck to you and your husband :).

RafasPrettyLady
10-14-2011, 03:26 PM
the time you get for re-entry is based on your criminal history so your man probably doesnt have a bad record right? i knew a guy who only got 3 months for re-entry bc all he had on his record was a dui and had already been caught once trying to come bak illegally.

damariz08
10-14-2011, 04:40 PM
the time you get for re-entry is based on your criminal history so your man probably doesnt have a bad record right? i knew a guy who only got 3 months for re-entry bc all he had on his record was a dui and had already been caught once trying to come bak illegally.


Actually he does. He has a felony for 3 DWI covictions. He was given 5 years probation. So I think that's considered a bad record or no???? But yeah he doesn't have any aggrevated felonies or anthing like that. This is he first time he got caught crossing illegally because he first came to the US when he was 17 years old with a VISA. Anyways, is it normal for them to be moved from one detention center to another? I just found out he got moved to Laredo, TX a couple hours ago. He had only been in Corpus Chrisiti for a little under 2 weeks and they moved him.

lysoto
10-14-2011, 07:03 PM
Moving detention centers is pretty normal...my husband was sentenced to 8 months n was moved 5 times before he was deported...started in houston then to conroe then to robstown..then to frio county then finally san antonio n he was deported from there through laredo..... was very hard keepin track of him cuz they never let him kno when he was bein moved

RafasPrettyLady
10-15-2011, 12:59 AM
Actually he does. He has a felony for 3 DWI covictions. He was given 5 years probation. So I think that's considered a bad record or no???? But yeah he doesn't have any aggrevated felonies or anthing like that. This is he first time he got caught crossing illegally because he first came to the US when he was 17 years old with a VISA. Anyways, is it normal for them to be moved from one detention center to another? I just found out he got moved to Laredo, TX a couple hours ago. He had only been in Corpus Chrisiti for a little under 2 weeks and they moved him.


It might sound bad but no 3 dui's isnt very bad and yeah that along wit him only being deported once all worked in his favor. My husband only had one felony but along wit alot of misdamenors. i didnt think he would get that long and our lawyer made it seem like he would only do 9-12months but he got 18. i know thats nothing compared to alot of people but its still annoying. Especially when i think that he hasnt seen our baby since he was 8months old and wont see him again till he's 2, that sucks.

damariz08
10-15-2011, 11:26 AM
It might sound bad but no 3 dui's isnt very bad and yeah that along wit him only being deported once all worked in his favor. My husband only had one felony but along wit alot of misdamenors. i didnt think he would get that long and our lawyer made it seem like he would only do 9-12months but he got 18. i know thats nothing compared to alot of people but its still annoying. Especially when i think that he hasnt seen our baby since he was 8months old and wont see him again till he's 2, that sucks.

Wow, I'm really sorry about that. It must be very hard for you, but don't lose faith. No situation or problem lasts forever. :o
I'm crazy for complaining about 75 days when so many people on here have there husbands doing so much more. I'm just praying that they don't decide to give my husband time for his probation issue. I think a lot has to do with the state you're in. Some states are very strict while others not so much. I'm in Texas and I know several people who have gotten caught and simply get deported again or given like 1-2 months. It all really depends.

Straight
10-15-2011, 01:11 PM
It might sound bad but no 3 dui's isnt very bad and yeah that along wit him only being deported once all worked in his favor. My husband only had one felony but along wit alot of misdamenors. i didnt think he would get that long and our lawyer made it seem like he would only do 9-12months but he got 18. i know thats nothing compared to alot of people but its still annoying. Especially when i think that he hasnt seen our baby since he was 8months old and wont see him again till he's 2, that sucks.


It wasn't DUI, it was DWI, and yes, 3 is VERY bad!!!! It's completely irresponsible.

Sorry, but children families getting killed by drunks on the road is inexcusable.

damariz08
10-15-2011, 10:05 PM
It wasn't DUI, it was DWI, and yes, 3 is VERY bad!!!! It's completely irresponsible.

Sorry, but children families getting killed by drunks on the road is inexcusable.

By God's mercy, my husband has not killed any children's families.

RafasPrettyLady
10-15-2011, 10:18 PM
It wasn't DUI, it was DWI, and yes, 3 is VERY bad!!!! It's completely irresponsible.

Sorry, but children families getting killed by drunks on the road is inexcusable.

Nobody's perfect. people make mistakes

robinbanks
10-15-2011, 10:34 PM
Nobody's perfect. people make mistakes
I agree. There's no malicious intent with a DUI. No one goes out drinking and says, "I think I'll go hit a family's van tonight."

I would say that DUI is the very LEAST of crimes. There's no harm intended when someone is just trying to make it home from the bar. Being irresponsible doesn't make someone a criminal.

Straight
10-16-2011, 06:53 AM
I don't know how you can say there's no intent when the outcome is so well known. For someone to endanger the lives of the public for no reason whatsoever is criminal.

To take a loaded gun and shoot it wildly in public has the potential to kill someone.

To go out and take all the steps necessary to put people's lives at risk by not being in control of a 2 ton machine is the same recipe for disaster.

Taking responsibility of your actions begins with being responsible and accountable for all the steps leading to the outcome.

Driving drunk is not a mistake. No one plans to mow the lawn and accidentally drives drunk. It's a set of steps taken with a known outcome.

No one is saying not to go to a bar, or to drink, or even to get drunk. But if you have to do that, there are other ways to get home. And being a responsible person means you walk, call a cab, call a friend... lots of alternatives.

This board is every bit as much about looking back and saying "If only..." as it is looking forward and identifying behavior that puts people in prison and trying to stop it before it starts. People do make mistakes. Driving to a bar with the intent to drink and drive home is not a mistake. It's a plan.

Being permissive, accepting and tolerant of behavior that is a known killer of innocent families is why some people are members here, and why others are becoming more and more intolerant of the people that make being on the road more dangerous that it needs to be.

No one has the right to have a good time at someone else's peril. Please do what you can to stop your loved ones from going to prison for a good time and taking the chance of ruining countless lives in the process.

robinbanks
10-16-2011, 11:59 AM
I don't know how you can say there's no intent when the outcome is so well known. For someone to endanger the lives of the public for no reason whatsoever is criminal.


Well, the courts happen to agree with me. It's a violation of law, but it's not a crime involving moral turpitude. That's why aliens with DUI convictions, no matter how many they have, are not deported as criminal aliens.

DUI is not a malicious crime. There's no evil intent when driving drunk. A thief or con artist knows he is hurting someone else. A wife beater knows he is hurting his wife. A drunk just wants to go home and makes a bad decision. It doesn't make him morally corrupt.

Straight
10-16-2011, 12:12 PM
Again, this is not a DUI, but a DWI. There's a huge difference. And a DWI can be a felony, and that makes it criminal behavior.

The first DWI... maybe a bad decision. The third shows a behavioral issue.

As more and more DWIs are racked up, the charges can, and often do, increase from misdemeanor to felony.

If someone is killed by a drunk driver, that is intoxication manslaughter. It doesn't go down in the books as a mistake, or an unfortunate accident. They are held accountable for the steps that lead to the outcome.

There is no reason for someone to drive drunk. There are too many ways it can be avoided.

And even if no other people are injured, though put at risk, the cost to the family of a person getting DWIs should be enough to put a stop to it. But at least he's only hurting his own family and making a lawyer rich.

ml1982
10-16-2011, 02:11 PM
Again, this is not a DUI, but a DWI. There's a huge difference. And a DWI can be a felony, and that makes it criminal behavior.

The first DWI... maybe a bad decision. The third shows a behavioral issue.

As more and more DWIs are racked up, the charges can, and often do, increase from misdemeanor to felony.

If someone is killed by a drunk driver, that is intoxication manslaughter. It doesn't go down in the books as a mistake, or an unfortunate accident. They are held accountable for the steps that lead to the outcome.

There is no reason for someone to drive drunk. There are too many ways it can be avoided.

And even if no other people are injured, though put at risk, the cost to the family of a person getting DWIs should be enough to put a stop to it. But at least he's only hurting his own family and making a lawyer rich.

If you don't mind me asking, what's the "huge" difference between DUI and DWI?

robinbanks
10-16-2011, 10:42 PM
If you don't mind me asking, what's the "huge" difference between DUI and DWI?
It depends on the state. Some states consider DWI to be a higher level of intoxication than DUI.

It still doesn't make it a crime of malice either way.

ml1982
10-16-2011, 11:15 PM
It depends on the state. Some states consider DWI to be a higher level of intoxication than DUI.

It still doesn't make it a crime of malice either way.

I see.. That's what I thought...and I agree. A crime? Yes, that's not being argued. But I agree it is not necessarily a crime of malice

26thncaliswag
10-18-2011, 05:07 PM
Some states don't differentiate between DUI's and DWI's. My state does not have DWI's. A DUI is it's equvalent. Indiana has OWI. No DUI's or DWI's. So, in essence a DWI is not necessarily wors that a DUI, but 3 convictions is a huge issue. It gives the court the impression that the defendant has an issue that he either cares little about correcting or, hasn't the ability to correct.

For the sake of deprtation, it does not help his case that he has been deported once, came back and rather than keep a low profile, he has re-offended.

No one can tell you what his chances are of not being involuntarily deported are. But, he has really made it tougher with the subsequent offenses of DWI's. He may not be intentionally putting people in harm's way, but it's no longer a mistake that he's making. He's gotten to a point of piss poor decision making. People who learn from a mistake don't do it again. People who consistently show the same pattern are telling others that something is wrong and they can't stop making the same mistake.

damariz08
10-18-2011, 09:02 PM
Some states don't differentiate between DUI's and DWI's. My state does not have DWI's. A DUI is it's equvalent. Indiana has OWI. No DUI's or DWI's. So, in essence a DWI is not necessarily wors that a DUI, but 3 convictions is a huge issue. It gives the court the impression that the defendant has an issue that he either cares little about correcting or, hasn't the ability to correct.

For the sake of deprtation, it does not help his case that he has been deported once, came back and rather than keep a low profile, he has re-offended.

No one can tell you what his chances are of not being involuntarily deported are. But, he has really made it tougher with the subsequent offenses of DWI's. He may not be intentionally putting people in harm's way, but it's no longer a mistake that he's making. He's gotten to a point of piss poor decision making. People who learn from a mistake don't do it again. People who consistently show the same pattern are telling others that something is wrong and they can't stop making the same mistake.

Yeah I understand what you're saying. My husband, however, did not come back and re-offend. He got caught right at the border...nothing to do with another DWI offense. His two first ones were before I even met him. The third was when we were dating. After we got married three years ago, he was fine, but then came 5/21/11, and again he was drinking in his truck. Luckily, the judge dropped his almost "4th DWI" charge (it really was a miracle). We have no clue what will happen on 12/14/11 when he is released, but he thinks, after speaking to other inmates that he will be deported with the rest of them. All I'm for sure of is that God has everything in His hands.