Criminal Defense Lawyers

How To Avoid Deportation if Charged With Possession

What is Possession?

Possession is a criminal offense that involves having control over a substance or object. In the context of drugs, possession means having control over a controlled substance, such as marijuana, cocaine, or heroin. Possession can be actual or constructive. Actual possession means having the substance on your person, while constructive possession means having control over the substance, even if it is not physically on your person.

What are the Consequences of Possession?

If you are convicted of possession, you may face serious consequences, including fines, probation, and jail time. In addition, if you are an immigrant, you may be at risk of deportation. Under U.S. immigration law, drug offenses are considered “aggravated felonies,” which can result in deportation.

How to Avoid Deportation if Charged with Possession

If you are an immigrant and have been charged with possession, there are steps you can take to avoid deportation. Here are some of the ways you can protect your rights:

1. Hire an Immigration Lawyer

The first step you should take if you are an immigrant charged with possession is to hire an immigration lawyer. An immigration lawyer can help you understand your rights and options, and can represent you in court. They can also help you apply for any available waivers or relief from deportation.

2. Fight the Charges

If you are innocent of the charges, you should fight them in court. A criminal conviction can have serious consequences, including deportation. If you are convicted of possession, you may be at risk of deportation. Therefore, it is important to fight the charges and protect your rights.

3. Seek a Plea Bargain

If you are guilty of the charges, you may be able to seek a plea bargain. A plea bargain is an agreement between the prosecutor and the defendant in which the defendant agrees to plead guilty to a lesser charge in exchange for a reduced sentence. A plea bargain can help you avoid a criminal conviction, which can have serious consequences, including deportation.

4. Apply for a Waiver

If you are an immigrant and have been convicted of possession, you may be able to apply for a waiver. A waiver is a legal document that allows you to remain in the United States despite your criminal conviction. To apply for a waiver, you will need to show that your deportation would result in extreme hardship to you or your family.

5. Seek Asylum

If you are an immigrant and have been charged with possession, you may be able to seek asylum. Asylum is a legal status that allows you to remain in the United States if you have a well-founded fear of persecution in your home country. To seek asylum, you will need to show that you have a well-founded fear of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group.

Conclusion

If you are an immigrant and have been charged with possession, you may be at risk of deportation. However, there are steps you can take to avoid deportation and protect your rights. By hiring an immigration lawyer, fighting the charges, seeking a plea bargain, applying for a waiver, or seeking asylum, you can protect your rights and avoid deportation.Resources:

• Reddit: https://www.reddit.com/r/immigration/
• Quora: https://www.quora.com/topic/Deportation
• Avvo: https://www.avvo.com/topics/deportation
• Lawinfo: https://www.lawinfo.com/resources/immigration/deportation/
• FindLaw: https://www.findlaw.com/immigration/deportation-removal.html

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