A spur of the moment decision in a criminal court proceeding can be the worst decision that you ever make. For example, most of us spend our lives trying to avoid ever being behind bars, but recent jail break-ins illustrate that spontaneous decisions made under duress can be irrational, un-researched, and very consequential. This week, a driver and passenger in a high speed car chase with police officials bailed out of their vehicle, ran from police officers, decided to scale a fence, and landed in the yard of a woman’s prison. Needless to say, when running from the law, no place is more secure to run to than a prison.
Mr. Lemaine, a legal permanent resident of Texas charged with possession of marijuana in 2007 while visiting New York, knows better than anyone the consequences of a quick decision. Mr. Lemaine, after being found with a marijuana cigarette in his pocket, decided to follow the advice of his Legal Aid criminal lawyer to plead guilty to the marijuana possession charges and pay the small $100 fine required by the state of New York. What appeared to be a simple legal matter over a minor misdemeanor drug offense has turned into a legal nightmare.
According to United States’ Law, for non-citizens such as Mr. Lemaine, two convictions of drug possession is equivalent to drug trafficking, an “aggravated felony” that warrants deportation without exception. While New York’s judicial circuit does not uphold this interpretation of the law, the circuit that Texas belongs to does. Unbeknownst to Mr. Lemaine and his criminal lawyer, their “easy solution” plunged Mr. Lemaine into legal turmoil. Mr. Lemaine, whose father is a United States Citizen, has been held in detention centers since he plead guilty to the drug possession charges and will likely be deported back to Haiti. To further convolute the case, Mr. Lemaine’s first marijuana possession charge when he was a teenager was dismissed, but the Texas court is counting it as a conviction.
Mr. Lemaine’s case shows why you always need to consult with a criminal defense attorney that is familiar with the intricacies of criminal law and can inform you of the possible repercussions and sentencing that will result from your actions. The law can be very complicated which is why it is important to hire an expert in the field who will be able to defend you throughout the process. In drug possession cases, there can be many different circumstances such as illegal search and seizure that will be cause for a case to be thrown out. Perhaps if Mr. Lemaine had obtained an aggressive and diligent drug defense attorney, he would have fought the charges, had them dismissed, and would be continuing his life in the country that he has lived in since he was three. No decision regarding a legal matter should be made without careful consideration and consultation.
For more information regarding the prison break in story go to: http://www.msnbc.msn.com/id/36097269/ns/us_news/
For further information regarding Mr. Lemaine’s case and the legal consequences of drug possession for non-citizens go to: http://www.nytimes.com/2010/03/31/nyregion/31drug.html?hp
