US Supreme Court hears case involving drug charges and legal residents

Recently, a decision issued by the U.S. Supreme Court delved into the question of when mandatory deportation should be required for legal residents who are convicted of a drug crime.

The individual at the center of the case had lived in the United States since he was just three years old. He came to this country in 1984 with his parents. Throughout the time he lived in the U.S., he was a legal resident. Then, in 2007, the man was stopped by a law enforcement officer in Georgia. The officer conducted a search of his vehicle, which uncovered a small quantity of marijuana. The amount of marijuana found could have made just two to three cigarettes.

As the man wished to avoid jail time, he agreed to accept a plea deal, which also provided that the conviction would be expunged from his record following a five-year probationary period. He pled guilty to marijuana possession with the intent to distribute. Despite the charges, there was no evidence that he was intending to sell the marijuana for profit.

Unfortunately, the man was not told that accepting the plea agreement could result in his deportation. At a federal level, officials determined the charges constituted an aggravated felony, which requires mandatory deportation.

The U.S. Supreme Court disagreed with that assessment, finding the charges did not even amount to a felony under federal law. Consequently, the man will be able to contest the deportation ruling and may be allowed to return to the U.S. to remain with his family.

Source: NPR, “Justices Say U.S. Improperly Deported Man Over Marijuana,” Nina Totenberg, April 23, 2013.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Confidential informants may provide integral information to help build criminal investigations, but how reliable is that information when they are receiving payment for their services? To protect them, state law requires the identity of informants be kept confidential. For those facing criminal charges, however, this creates challenges in questioning the accuracy and validity of the information given at trial.
Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
Expungement and sealing of records in Minnesota affect how your criminal history appears to government agencies and the public. The main difference between the two legal actions is that expungement permanently removes past arrests, criminal charges, or convictions from private and public databases, while sealing hides the criminal record from the public. Courts, government entities, and law enforcement agencies can access sealed criminal records.