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Criminal Immigration Issues Dealing with INS and other related issues.

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  #1  
Old 10-21-2017, 10:09 AM
Lexis5028 Lexis5028 is offline
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Default Appealing a charge

Needs advice: my fiance was sentence yesterday for 24 months for illegal entry based on the advice of his public defender. I told him that I didn't agree to that time but his public defender told him that if he didn't sign the paperwork he could be facing 10 years. I consulted several attorneys that said this was not true but in the end he ended up signing this please agreement. Long story short he gets sentence yesterday and the judge says the maximum for his crime is 15 months and he was prepared to give him 9 but he signed a plea agreement with the prosecutor. I was pissed. He did tell him he had 14 days to appeal but where do we go from here. Please any assistance is needed. Thanks
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Old 10-21-2017, 01:08 PM
fbopnomore fbopnomore is online now
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If he agreed to the plea offer as explained by his lawyer, his slim chances to overturn the sentence just became even less probable. I bet the plea agreement he signed forced him to waive his right to appeal, and buyer's remorse because of ineffective assistance of counsel isn't likely to get him a shorter sentence either.

If the maximum sentence for his crime is 15 months, the judge couldn't sentence him to more time than the law allows, so it is probably a lawful sentence. Maximum punishments for one count often are then multiplied by the number of counts in the indictment or information to reach the maximum possible prison sentence.
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Old 10-21-2017, 02:01 PM
nygirl17 nygirl17 is online now
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They should have given him some type of paper when he left court about the Appeal process but it's very hard to get charges reduced once you take a plea
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Old 10-21-2017, 02:23 PM
CenTexLyn CenTexLyn is offline
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For there to have been an illegal re-entry prosecution, then the question comes into play about whether he has prior felony convictions that preceded the earlier deportation(s).

Even at the federal level, prior felony convictions can be used to enhance sentence ranges. And unless there is no way under ANY combination of scoring models that the 24-month sentence could have been imposed, then IAC is not going to fly here. The ONLY way that he MIGHT see relief is if there is NOTHING that would have permitted the two year sentence.

Viewed through a liberal lens, he is actually better off sitting in a federal prison for that period of time though since that brings him closer to the end of the current Presidential term and could have the potential for changes in immigration law. Otherwise, he would have done his few months and been deported back to Hurricane Central.
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Old 10-21-2017, 06:18 PM
Lexis5028 Lexis5028 is offline
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Thanks everyone. His sentence will end next December
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Old 10-21-2017, 07:03 PM
nygirl17 nygirl17 is online now
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Quote:
Originally Posted by Lexis5028 View Post
Thanks everyone. His sentence will end next December
That's only 13 months. Not even with appealing anyway.
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Old 10-21-2017, 08:00 PM
Lexis5028 Lexis5028 is offline
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He has been in for approximately 8 months and time was deducted for game time and other stuff. He still has approximately 14 months remaining.
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Old 10-21-2017, 08:19 PM
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Quote:
Originally Posted by Lexis5028 View Post
He has been in for approximately 8 months and time was deducted for game time and other stuff. He still has approximately 14 months remaining.
That's not to bad. Stay positive and it will go fast. My husband has been in almost 27 months. And has 11 to go. We have stayed positive through most of it and its gone pretty fast.
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Old 10-22-2017, 06:40 AM
Lexis5028 Lexis5028 is offline
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Default Re: Appealing a charge

Quote:
Originally Posted by nygirl17 View Post
That's only 13 months. Not even with appealing anyway.
He has served approximately 8 months already so with game time and federal time deducted he is looking at 13 to 14 more months. Thanks
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Old 10-22-2017, 09:08 AM
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Yep that's what your previous post said. It will go fast.
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