Drug charges/deportation

[TEXASMOM04]

What is the name of your state? TX

Sometime before March of last year, my son was picked up for PI (Public Intoxication. This is a Class C misdemeanor).
He was left in his car by a friend because he could not wake my son up, and apparently someone called the police (my son said they told him that he was walking around peeking in house windows but he does not remember). At the same time, they searched his car and found pot and he was charged for POSSESSION UNDER 2 OZ (misdemeanor). He has to enter a plea at the end of January for this one.
The county was Travis (City of Austin)

Several months later he was speeding and was pulled over. His car was searched and they found a lot of pot. He was charged with FELONY POSSESSION OF A SUBSTANCE OVER 4 OZ .
They never ended up even giving him the speeding ticket. He entered a plea of NOT GUILTY for this last Tues. His court date is end of Feb/beginning of March for trial with jury.
The county was BRAZOS (CITY: COLLEGE STATION/BRYAN)

This is what we need to know:
If he goes to court for the felony that occurred in Feb/March 2003 (the one he pleaded not guilty to) he could be found guilty and put in jail/fined immediately for a little as 30 days to max 2 years. After which, he is immediately deported and can never enter the US (according to his court appointed attorney). If this charge was dropped to a misdemeanor, and was also found guilty of the drug charge in Austin, which is a misdemeanor, his attorney said that he will still be deported.
What happens if he flees the country before he is charged and deported?
Can his criminal record follow him up there? Meaning, if they ran a standard background check for a job, would it appear?
Is it not better to leave on your own than to be deported because of the US authorities alerting the Canadian authorities about the deportation? Technically, if Jesse does not show up to court, he is not deported because they need a person to deport. What happens when he tries to renew his passport in Canada (not that he is going anywhere)?
Can he apply for voluntary departure?

If he goes to court for the first offence and is found guilty right then and there, will they take him directly to a holding area for deportation? Will they even give him the option of voluntary departure? How would he pay a fine and the deportation fees?
What happens to the charge that he has not yet gone to court for?

I appreciate any assistance. I know that some of this is probably beyond the scope of this board, but any assistance would be helpful.
Thanks in advance!

 

[phwl]

Whether your son is present or not at his hearing will result in one or more of a few things.
If he shows up and faces his charges, he can:
1. Get Indicted and convicted on any and all of the crimes without regard to the seriousness of the charges which can and most likely result in his "removal" from the USA in addition to fines and or but not limited to serving jail time.
2. Face his charges and have the charges dismissed based on lack of evidence, or any other technicality and walk away a free person...... OR......

If he does NOT show up and face the charges,:
It is a strong possibility that a bench warrant will be issued for his arrest. This would instantly turn him into a wanted fugitive.

 

[TEXASMOM04]

If he is deported for life like the attorney said- then what is an incentive for him to face the charges, go to jail, pay fines, and be deported vs. fleeing?
Either way he will never be able to come back to the US and the charges are small enough that they will not come looking for him up there.
I want him to do the right thing, but in his eyes, it is less painful and less costly if he just leaves. It is hard to argue against that.

 

[I AM ALWAYS LIABLE]

My response:

I agree with your son. One less criminal idiot in our country!

Let the other country "up there" take care of him. Yeah!

And, the biggest benefit of all is that we, as taxpayers, don't have spent money on a trial, a jury, a District Attorney to prosecute, and prison board and care!

It's a WIN-WIN situation. So, yes. Make sure sonny boy gets the hell out of Dodge City!

IAAL

 

[TEXASMOM04]

real nice... thanks for your support. I realize that he is faceless to you, but he is my son. Hope you never have to experience this...

 

[I AM ALWAYS LIABLE]

real nice... thanks for your support. I realize that he is faceless to you, but he is my son. Hope you never have to experience this...

My response:

You know, it REALLY makes my heart bleed for you. We have one less "high as a kite" criminal to contend with in our neighborhoods.

You were the LOUSY parent who failed to instill in your son a healthy respect for law and order.

So, in the final analysis, it's ALL YOUR FAULT!

He may be "your son", but he became OUR responsibility because of your lousy parenting skills. But, believe me, if I HAVE TO TAKE CARE OF HIM, because of YOU, then my "care" is going to hurt BIG TIME!

IAAL

 

[TEXASMOM04]

Atta Boy! Keep those stereotypes of Americans going!
Ever thought of therapy for those anger outbursts? I feel sorry for YOU!

 

[I AM ALWAYS LIABLE]

Atta Boy! Keep those stereotypes of Americans going!
Ever thought of therapy for those anger outbursts? I feel sorry for YOU!

My response:

And, likewise, I feel sorry for you foreigners who think you can come to MY country, and destroy it with YOUR crimes!

Ever thought of getting therapy for YOUR son?

IAAL

 

[TEXASMOM04]

hmmm- did I say I was a foreigner? Stop assuming, stupid.
I feel sorry for your mom too-- obvioulsy her fault you have so much pent up anger.
Maybe you should take a look at the world around you for a change.
God forbid there is another soul who has gone astray in the midst of HELL.

 

[I AM ALWAYS LIABLE]

hmmm- did I say I was a foreigner? Stop assuming, stupid.
I feel sorry for your mom too-- obvioulsy her fault you have so much pent up anger.
Maybe you should take a look at the world around you for a change.
God forbid there is another soul who has gone astray in the midst of HELL.

My response:

You know what, you can say whatever you want.

But, YOUR reality is that it's your son who's going bye-bye forever! And YOU'RE the one to blame!

Good riddence to stupid criminals!

IAAL

 

[I AM ALWAYS LIABLE]

My response:

Oh, stop your crying. I can hear you wailing all the way out here!

Sonny boy is making the correct decision, and YOU helped him to make that decision years ago by the way you reared him.

Say good-bye!

IAAL

 

[More-Alice]

My response:

And, likewise, I feel sorry for you foreigners who think you can come to MY country, and destroy it with YOUR crimes!

Ever thought of getting therapy for YOUR son?

IAAL

YOUR country?

I've read some of your posts. You are one mental hang up.

You are Italian, so we do not want you here, especially with the mental problems that you have.

Life on a chair is so rewarding for you.

Please do the board a favor and not give your life history, because no one could verify that.

 

[stephenk]

How is it that your son is eligible for deportation but you as the parent are a legal resident or citizen?

 

[I AM ALWAYS LIABLE]

My response:

Stephen, the answer is obvious . . .

The writer is a lying sack of crap, just like her criminal son.

IAAL

 

[TEXASMOM04]

More-Alice:
AMEN!

stephenk:
He is a permanent resident - his status is independent from mine.

There seems to be a breeze on this board-- like flies buzzing around a POS called IAAL!

(sorry everyone else- I couldn't resist - I guess that doesn't make me any better than the POS) My intention on this board was to get opinions from others who actually care and have GOOD advise- not POS attacks.