Is there a way to get an alien smuggling charge removed?

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Is there a way to get an alien smuggling charge removed?

In 2005 I was charged with 8 USC 1324 in San DIego, CA, and told the charge would be recorded as “dropped”. But when I was fingerprinted for a high school tutoring job in New York, I didn’t pass background check. All I did to get the charge was have a friend of mine who was illegal in my car (not hiding him or anything) while crossing the border. I thought that if his fake ID didn’t work, HE would get in trouble, not me. My car was impounded and I was mistreated by the officers. I had no right to a lawyer or to make a phone call, and was not allowed to sleep for well over 24 hours.

Asked on May 28, 2009 under Criminal Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

I think you'll need to talk to an attorney who has some familiarity with immigration work, who has a practice in southern California. I'm not sure whether it will be the I.N.S. or the U.S. Attorney's Office for the Southern District of California, if not both, but the people your lawyer will need to talk to are almost certainly in either San Diego or Los Angeles.

Exactly what can be done will depend on all of the facts of the case, including the attitude of the feds involved.

One place you can look for an attorney who can help you with this is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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