Legal Question in Criminal Law in Washington

immigration consequences of deferred sentence

Hi,

I was accused of third degree theft and prosecutor is offering 365 days deferred sentence+ some fine. What does deferred sentence means to immigration?

does 365 days deferred include any jail time? I heard that only jail time is considered for immigration purposes regardless of period of probation.

Can i leave US after hearing?

Please help.


Asked on 5/16/08, 6:56 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: immigration consequences of deferred sentence

A deferred sentence counts as an actual sentence for immigration purposes. This is a bad outcome for your case. Your attorney should be able to advise you as to a better outcome. A dispositional continuance, worded so the police report is not part of the record unless the terms of the agreement are violated, is the outcome you want. Even a straight conviction, with a sentence of 180/180 would be better than a deferred sentence.

As for whether you can leave the US after the hearing, that depends on your immigration status. Contact me directly if you'd like my assistance with your immigration concerns or representation on the case.

At your service,

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Answered on 5/19/08, 7:17 pm


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