Legal Question in Criminal Law in California

I'm legal permanent resident in the United States. My fianc�e opened Medical Marijuana collective, filed with the State of California, and provided medical marijuana to legal patients. We were entrapped by undercover policeman while transporting some of the medicine to LA (in November2009). The case is still going on; I believe we are charged with possession or possession for a sale. Because none of us would be able to get a job and support our family, we thought if I would take the gilt on myself, his background would clear.

My lawyer is trying to get a summary probation for me; I�m not sure whether it is felony or misdemeanor. My question is how it would affect me, as a permanent resident if my green card will expire in 2017, would I be able to renew my green card? If I�m on probation would I be able to travel out of state to visit my family in Europe? We are hoping to move to Arizona to live with my fianc�e�s family members, because we can�t no longer support ourselves in California.

I was married previously, that is how I got my green card, but my marriage last only 3 years. (I moved to U.S. in September 2005) Now I�m planning on getting married again. I have a child with my fianc�e.. Would these two factors influence if I can stay in the US and renew my green card? Be able to travel out of state and possible become U.S. citizen?


Asked on 3/27/10, 6:04 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Your question is more about immigration Law than criminal Law. Hopefully some of the criminal lawyers on this list will be able to answer it. But you may want to post it under Immigration Law as well, so that more lawyers with the relevant expertise will see it.

Good luck.

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Answered on 4/01/10, 6:16 pm
Robert Marshall Law Office of Robert L, Marshall

If your lawyer can't answer your question, and is too lazy or ignorant to consult with another lawyer who can, get another lawyer NOW!

Any attorney who says your question is "more about immigration law than criminal law" has no business representing non-citizens in criminal cases. Yesterday the United States Supreme Court issued an opinion that says your Sixth Amendment right to competent counsel includes being informed about the immigration consequences of a conviction.

Possession for sale, transportation, or any other drug trafficking offense would be considered an aggravated felony, which is the worst possible type of criminal conviction for immigration purposes. You could be removed (deported) and would NEVER be able to legally re-enter the United States again. Even attempting to return to the US after an aggravated felony conviction is a crime that can result in a Federal prison sentence.

Other drug convictions have similar consequences. Any drug conviction would make you deportable and permanently ineligible to reenter the United States; the only exception is a single conviction for possession of 30 grams of marijuana or less, and it sounds like we're talking about a lot more than that.

Again, if your attorney can't answer this question, you need a lawyer who can.

If you have a court-appointed attorney who refuses to research the issue adequately, you can make a Marsden motion at your next court appearance. Inform your lawyer that you wish to make a Marsden motion; if he or she refuses to tell the judge, you should do it yourself.

The judge will clear the courtroom, except for essential court personnel, so the District Attorney cannot find out why you disagree with your attorney. Politely explain to the judge that you are not a citizen and your lawyer cannot tell you what will happen if you enter this plea. Mention to the judge that the recent United States Supreme Court in Padilla v. Kentucky says you have a Sixth Amendment right to be informed about the immigration consequences of your plea.

Good luck!

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Answered on 4/01/10, 7:00 pm


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