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10-15-2009, 09:55 PM
| | Junior Member | | Join Date: Sep 2009
Posts: 7
| | | Canadian charged in US
What is the name of your state (only U.S. law)? New Mexico
My son in law is a Canadian citizen and although he has lived in the U.S. since he married my daughter, he has never obtained a work visa or permanent residency. Recently, my daughter separated from him and while they were separated, he was arrested and charged with commercial burglary, a 4th degree felony. This occurred in September and his preliminary hearing has been postponed until November 10 and although he was assigned a public defender, the attorney has yet to meet with him, having postponed several times. The bottom line is that, while his aunt in Canada sent money to get him out on bond, he has absolutely no means of support now that my daughter has left him as she was the only breadwinner. He can not legally work in this country and he is physically ill as well. He has only a temporary shelter and is in quite a predicament. He can not even qualify for medical care of food stamps because he's not a citizen. My question is...can this case be transferred to Canada in order that he be able to be "off the streets" in his own country while he awaits trial? Also, what is the likelihood of him being able to plea bargain for parole and just be deported? This is his first offense. |
10-15-2009, 10:00 PM
| | Senior Member | | Join Date: Sep 2008
Posts: 3,750
| | Quote:
Originally Posted by missflo  What is the name of your state (only U.S. law)? New Mexico
My son in law is a Canadian citizen and although he has lived in the U.S. since he married my daughter, he has never obtained a work visa or permanent residency. Recently, my daughter separated from him and while they were separated, he was arrested and charged with commercial burglary, a 4th degree felony. This occurred in September and his preliminary hearing has been postponed until November 10 and although he was assigned a public defender, the attorney has yet to meet with him, having postponed several times. The bottom line is that, while his aunt in Canada sent money to get him out on bond, he has absolutely no means of support now that my daughter has left him as she was the only breadwinner. He can not legally work in this country and he is physically ill as well. He has only a temporary shelter and is in quite a predicament. He can not even qualify for medical care of food stamps because he's not a citizen. My question is...can this case be transferred to Canada in order that he be able to be "off the streets" in his own country while he awaits trial? Also, what is the likelihood of him being able to plea bargain for parole and just be deported? This is his first offense. | His chances of being allowed to leave the city are remote. His chances of being allowed to leave the country... and thereby being completely outside the court's jurisdiction... is too small a number to be properly considered.
The fact that your son has been staying illegally in this country is not the problem of the court that has jurisdiction over his crime.
Lastly, his chance of being allowed to leave the country to live while on parole is not worth considering as well.
He is most likely going to be given an abbreviated jail sentence and immediately deported thereafter.
__________________ Quote:
Originally Posted by jdslilangel Just leave it as is and stop making yourselves sound real stupid about the sisutation at hand. Further more I don't need to know how to spell corcetly on here. I know how to spell perfectly fine. I did graduate high school and never once had any problems with my grammer. | |
10-15-2009, 10:25 PM
| | Member | | Join Date: Sep 2009 Location: Utah
Posts: 168
| | | Without somewhere to live bailing him out of jail was a pretty stupid thing to do. Instead of 3 meals a day and a roof over his head he's out on the streets with no way to support himself. If he's really lucky he'll be picked up for sleeping somewhere he shouldn't be so he has a place to stay until the trial. If you are truly that worried about him having a place to stay until then you could also let him sleep on your couch. |
10-16-2009, 01:41 PM
| | Junior Member | | Join Date: Sep 2009
Posts: 7
| | | Let me clarify this situation.... he was living in my daughter's home preparing to go back to Canada when he screwed things up by committing this burglary. He is still in that home, while she is staying with me ( so he can't sleep on my couch) She is only allowing him to stay there because he has nowhere else to go and no money to go with. What I stated previously, however, is true in that he only has temporary shelter and utilities and food are being provided for him by our family. While this is a stressful situation for everyone, it did seem better than letting him sit in jail (never been there but I don't think it's a real desirable place) I am only trying to find out if a plea bargain is likely including deportation, under the circumstances. Is there any way to expedite this matter? It seems that the system here is so backlogged, it will already be 2 months by the time he gets his preliminary hearing. |
10-16-2009, 02:06 PM
| | Senior Member | | Join Date: Dec 2007 Location: Thebes
Posts: 6,071
| | Quote:
Originally Posted by missflo Let me clarify this situation.... he was living in my daughter's home preparing to go back to Canada when he screwed things up by committing this burglary. He is still in that home, while she is staying with me ( so he can't sleep on my couch) She is only allowing him to stay there because he has nowhere else to go and no money to go with. What I stated previously, however, is true in that he only has temporary shelter and utilities and food are being provided for him by our family. While this is a stressful situation for everyone, it did seem better than letting him sit in jail (never been there but I don't think it's a real desirable place) I am only trying to find out if a plea bargain is likely including deportation, under the circumstances. Is there any way to expedite this matter? It seems that the system here is so backlogged, it will already be 2 months by the time he gets his preliminary hearing. | Unfortunately there is not much you can do to speed up Lady Liberty. She does things at her own pace.
You have put yourselves in this situation. Nothing but your own emotional connection to this man is keeping him under your wing. You can wash your hands of it today if you so choose.
__________________ Dang the Persephone for eating those pomegranate seeds. It is because of her urge to snack that we must suffer through the winter that will soon be upon us.  |
10-17-2009, 04:05 AM
| | Member | | Join Date: Sep 2009 Location: Utah
Posts: 168
| | | I'm sorry to hear he was bailed out since you and your daughter are stuck footing the bill for him to live now. She could send him packing to a homeless shelter. Unfortunately although you may think that prison is an undesirable place to live your son-in-law must think it sounds like a great place to be. After all, he's the moron that put himself in this position. Undesirable as it may be, it's where criminals belong. Maybe if he has nowhere to live bail could be revoked? I'm not sure how that works but it gets you off the hook if it's really too much to bear. I'd be worried that my daughter wouldn't have a stick of furniture to go home to. I've included a link with a list of homeless shelters in your state so your daughter can have her home back.
[url=http://www.artistshelpingchildren.org/shelters.html#newmexico]Find a Homeless Shelter - Find Shelters - Shelters, Food, Clothing, Shelter, Blankets, Shelter for families and children[/url] | |
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