Legal Question in Criminal Law in Kentucky

drug and gun possession

If an illegal immigrant is being detained for possession of a firearm and 2.34 grams of cocaine, what is the best way to avoid further jailtime and go straight to deportation? The case has gone federal and the woman has already spent 3 or 4 months in jail waiting. Is $6500 too much for a lawyer to charge for handling this sort of federal case?


Asked on 1/15/08, 9:07 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: drug and gun possession

The firearm in connection with the drug contraband makes this a serious federal case which prosecutors will not agree to dismiss in lieu of the defendant's agreement to "go straight to deportation". They will first want to prosecute and convict the defendant on the federal charges and then have her sentenced and sent to a federal penitentiary where she will be turned over to immigration authorities for deportation/removal proceedings only after she has served her federal sentence.

A retainer fee of $6500 for a private criminal defense counsel for this type of federal criminal case is not excessive, but if the evidence is strongly against the defendant, she would likely do just as well with a federal public defender (if she can qualify for such) who would probably negotiate a similar kind of

plea bargain for her as the private defense counsel at virtually no cost to the defendant.

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Answered on 1/15/08, 9:57 pm


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