Legal Question in Criminal Law in New York

crimminal/ immigration

I actually have two questions. I have a relative that was recently arrested and still is being detained, for crimminal possesion of a controlled substance. The drugs were not found on his person, but in the apt where he was staying at. A warrant was issued for the apt and he was arrested along with the tenant. He is being held on 25,000 bail/bond, and also has a warrant from immigration. He has a valid passport and tourist visa, and was in the process of applying for a green card at the time of his arrest, he was indicted on these charges. What I would like to know is what can be done for him at this point, and if it would be in his best interest to hire a lawyer now or after the next court date.


Asked on 1/18/07, 12:57 am

2 Answers from Attorneys
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: crimminal/ immigration

Generally, if your relative is being held on 25,000 bail and also has an immigration hold these are two completely diffrent issues. The fact that he is being detained is as a result of both the bail not having been posted, as well as the immigration hold meaning that even if the bail were posted he would still be held on this.

Constructive possession may be argued if he was living in the apartment where the drugs were found, the major issue would be the validity of the search warrant in such circumstances.

Hiring a private attorney may make a major difference in this case, if you need further assistance please feel free to contact me through the email address below or directly at 2127098303

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Answered on 1/18/07, 2:09 am
Robert Evans Robert S. Evans esq.

Re: crimminal/ immigration

This case is quite complicated, your relative needs two expert attorneys working together inasmuch as there are two separate legal issues, both very serious.

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Answered on 1/18/07, 12:07 pm


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