Possession of Marijuana and Alcohol?
 

To whom it may concern,
I need help, advice and suggestions. Im an 18 year old male who on March of 2012 got a ticket for possession of marijuana and alcohol at a park. I pleaded guilty to a charge that i wasent even aware that it was going to affect me till this day, and now is really bugging me day and night and im just getting stressed and scared to apply for Deffered Action. I was born in Mexico, raised in California most of my life and recently not to long ago about a year and a half i moved to the state of Colorado where this incident took place. So my situation goes like this, when i moved from CA to Co I was hanging out with the wronge crowd of people at that time. Some of the people that i had met in Co invited me to the park to hang out with some girls. At the time i didnt really know anyone and i really wanted to meet new people. So i agree to go the park and meet up with girls that were already their. When we got there to the park, the people there were already drinking and smoking weed. My instinc right away told me to leave, but then i caught a glimpse at this girl that really withdrew my attention towards her and i decided to stayed in hope so i can get to know her, and become friends with her,(since i was new to Colorado anyways). So i guess after 15 minutes at the park someone had called the cops and instantly they were their. We were sitting on a bench when the police showed up and they told us to stay where we were. Well instantly i was terrefied due to the fact that i tought i was going to get arrested and get deported back to Mexico, because like my family always had told me before, that if i ever did something against the law i might get sent back to Mexico. Instantly the police didn't hesitate to start asking questions, "have you been drinking?" every single person that was there and was drinking reply by sayying "yes". but when the cop aproached and asked me i honostly said, "no sir, i havent drank". Then he went on to do his thing. To the cop's amaze and mine their was a small baggie of weed next to the side where i was sitting that the cop had picked up, and didn't even ask who it was but proceeded to charge it againgst me. The weed wasent even mine, somehow i knew that either person that was sitting next to me had putt it there. So after they gave everyone a ticket, i got the worst of it by getting Possession of Marijuana and Alcohol which weren't even mine. Well after they gave me the ticket for Possession of Marijuana and Alcohol wich i didnt even posses or drink, i didn't even try to explaine my self to the police and just decided to go home. Luckly i didn't go to jail. A month later in May I went to court and pleaded guilty, i didnt know what i was doing at that time, i taught if i pleaded guilty and just get over with it and pay the fine, they might not even find out that i'm an illegal immigrant. i never before been in trouble with the law except that time and it was my first time ever getting a ticket and going to court. If anyone can give me some advice your sure welcome and appreciated. To who ever took the time to read this, thank you for your time. Any comments are welcome. God Bless.

Re: Possession of Marijuana and Alcohol?
 

Lawyer

Re: Possession of Marijuana and Alcohol?
 

You're best bet is to consult your case with an immigration lawyer.... Seeing as you pleaded guilty to possession of marijuana. Good luck and hope everything works out fine for you.

Re: Possession of Marijuana and Alcohol?
 

When I was 17, ten years ago, I was arrested and booked into the jail for having a small joint in one of my jackets that I wasn't even wearing. It didn't even belong to me and I didn't know it was there. I had let my gf at the time borrow it. I was fingerprinted and everything but eventually the charges were dropped. I was approved for Deferred Action in November. There is a chance you might still be approved since it appears to be a misdemeanor possession charge. Speak to an attorney though. Each case is different and it depends on the officer reviewing your case whether he wants to approve you or not based on the circumstances. Do not ever plead guilty to anything again if you know you're not guilty. So like I said, contact an attorney.

Re: Possession of Marijuana and Alcohol?
 

I did some research.

"Possession of marijuana can be treated as either a Class A misdemeanor or as a Class C felony, depending on the person's prior criminal history and whether or not the marijuana appears to be for other than personal use. If a person already has a conviction for Marijuana, Second Degree (misdemeanor offense), then any further arrests for marijuana will be charged as Marijuana First Degree, a felony."

You may conduct a urine test to prove you are not a regular user. It shouldn't affect your application.

Re: Possession of Marijuana and Alcohol?
 

Thanks you guys. I'm really scare because my mom got deported back in 2006 and was murder in 2011 due to the Violence in Mexico and im afraid the samething might happen to me as like it happend to her.

Re: Possession of Marijuana and Alcohol?
 

Wow I'm sorry about your mom, it's really a shame. I strongly suggest you consult with a good imigration attorney (most immigration attorneys are absolute shit) with that being said, I really do feel bad that unfortunately you got wrapped up in a situation like that but at the same time, I can't see them denying you because of a small misdemeanor. Remember I am not a lawyer, I have been wrong in the past but really they're looking for people who are a danger to the public and that doesn't qualify as a danger to the public, it's under age drinking and smoking weed which is becoming legal in many states. Keep us updated and best of luck to you.

Re: Possession of Marijuana and Alcohol?
 

You lost me at concern.

Re: Possession of Marijuana and Alcohol?
 

I'm sorry to hear that. I hope everything works out for you.

Re: Possession of Marijuana and Alcohol?
 

oh my =/ I am very sorry dude that really sucks........sigh damn these drug cartels

Re: Possession of Marijuana and Alcohol?
 

i know, cant do anything about it tho. All i know is that she is in better place right now, with the lord. Anyways, do you guys think i might have a chance in reopening mycase? i been searching online and it says something like this,that if you go to court, and your not a us citizen you got to sign some sort of paper indicating that you were aware of the charges you were pleading to. Okay, so i know i didnt sign anything like that. what do you thinks, should i give it a shot, or just move on and still apply with marijuana and alcohol charge?

Re: Possession of Marijuana and Alcohol?
 

Never plead guilty if you are innocent! You will be judged by state law before federal law. There is a lot of official information in the internet, study it before court dates. For example, In my state you can not be deported for possession of marijuana under 1 ounce. And you should know Colorado legalized marijuana for recreational purposes. Which means it is probably not as harsh of a penalty as in my state. Where I live it might be labeled "Possession of dangerous drugs" while it might be something milder in your state now. You have rights as an immigrant. You could have been honest with the judge and told him the truth; Concidering your criminal record is clean the judge or jury could have found you innocent. For now, do not apply yet. Get a copy of your criminal record from your county office and take it to a lawyer. Unfortunately, you were underagefor alcohol or weed so you may still have a conviction but you can definetly try to reduce the penalty. Good luck.

Re: Possession of Marijuana and Alcohol?
 

I'm so sorry to hear about all of this. And deepest condolences about your mom :(

I really hope for the best for you. As everyone here advised, please seek out an attorney. Don't lose hope in your case.

Re: Possession of Marijuana and Alcohol?
 

the people you choose to hangout with lets you know who you are.

I have friends who i dont hang out with because all they do is get high.

Re: Possession of Marijuana and Alcohol?
 

You have a strong case for asylum. Please consult an immigration lawyer about it! You might not even need DACA

Re: Possession of Marijuana and Alcohol?
 

Sorry to hear about your mom..my condolences. To begin with, if you are not guilty, then dont plead guilty! EVER! Even in you are illegal, it doesnt matter. If your innocent, then you are fine. Just get a GOOD immigration attorney and youd be just fine.

Re: Possession of Marijuana and Alcohol?
 

I know i shouldnt have plead guilty, but guys put yourselfs on my shoes: At that time of that
Inccident i didnt know it was going to affect me this way, plus i tought if the gudge or anyone found out that my status was undocument, that i was gonna get transfer to ICE and getdeportd. Thats how the cops are out here.