QUESTION
Can an illegal immigrant face deportation if he goes to court with charges of less than 20 grams of marijuana and trying to run when obtained?
Asked on Oct 31st, 2011 on Immigration - Maryland
More details to this question:
The drug charge will hopefully be dropped because he was a passenger in a car of someone who has the marijuana under the seat. He has been released on bail and has to attend certain programs for evaluation and drug test until the court date.
1 ANSWER
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Simple possession of less than 20 grams of marijuana is a deportable offense. If the charged are dropped after successful completion of a pre-trial intervention program, then it is unlikely that the charge will be held against the person for immigration purposes. It would be different if the charges were trafficking (sale). In that case, the government may choose to institute deportation proceedings, even if the charges are dismissed after pre-trial diversion is completed, if they have "reason to believe" the person was involved in trafficking notwithstanding the dismissal of the charge in criminal court. For specific legal advice on this, please retain the services of a licensed immigration attorney. Michael Shane, Florida Bar Board Certified Immigration Lawyer, www.shanelaw.com Ask a Lawyer Panelist since 2002.
Answered on Nov 04th, 2011 at 2:48 PM