Legal Question in Criminal Law in Alabama

Hallo,my brother was arrested in his house 06/30/2010 by US Marshals and taken to a county jail.When I went to find out on what Charges,they told me is FUGITIVE OF A CRIME IN Dartmouth,Massachusetts.My brother entered USAin 1997,he lived Weymouth,MA for about 6 months then he later moved in ALABAMA.When I asked him whether he has ever been DARTMOUTH,MA,he swear to GOD he has never been there and it's like 1 hr drive.He called me yesterday and he told me that he was given some documents to sign on whether to be taken to DARTMOUTH,MA or to be tried here in Alabama.He signed to be taken to DARTMOUTH,MA.We dont knw if thats a better idea.Later on they told him he is been charged with SEX ASSAULT.And they told him if DARTMOUTH MARSHALS don't come for him by AUGUST 4,he will be taken to court.I knw he is my brother but I knw for sure he is nt capable of doing that.I really need your help,I don't knw what to do.What will happen to him?if DARTMOUTH,MA don't come for him,what next?can I get a lawyer right now?he has Conditional Green Card(marrige),if is found guilt,of which I knw he is been mistaken,wat will happen to him?am so so Desperate!Please Help


Asked on 7/03/10, 7:20 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If police had to release every suspect who denies the allegations against him, no one would ever be prosecuted. The authorities don't have to believe your brother's denials, no matter how strongly you believe them.

Moreover, if your brother is accused of a crime in Massachusetts, there is no way he could be tried for it in Alabama. Perhaps he is also facing other charges locally. If that isn't the case, then what you have written makes no sense.

Offhand I don't know the immigration consequences of a sex assault conviction for someone with a green card. I suspect that the conviction would result in him being deported after he serves his sentence, but I will defer to someone more knowledgeable on the subject. If no one else answers that part of your question, I suggest re-posting it under immigration law.

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Answered on 7/03/10, 5:37 pm


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