The abuse of illegal drugs has always been an issue in most countries. Anyone who is an American citizen, especially a first-time offender caught in possession any type of controlled substances is usually charged with a more relaxed charge. Therefore, if the offender pleads guilty, the judge suspends the court proceedings, and the offender joins a rehabilitation program. When the offender completes the rehab program, the criminal case is dismissed or dropped. Also, the conviction is erased thus the offender retains his clean record.
If you have been charged with a drug crime, you absolutely need to have representation that is tough and will fight for you.
Non-Immigrants and Drug Abuse
However, any immigrant caught in possession of illegal substances, no matter how little, he/she is subject to immediate deportation. This means that if a non-immigrant is found in possession of a small amount of illegal drug, he/she could still be deported. Even if the non-immigrant offender claims that the possession of drugs is due to the deferred entry of judgment and pleads guilty, the non-citizen will still be susceptible to deportation because this program is based on pleading guilty. If this happens, you should contact a drug possession attorney Forth Worth to help you with your case.
Controlled substances Schedules
The controlled substances that are illegal are divided into five schedules, and they include:
- Schedule I – these include heroin, marijuana, peyote, LSD, and ecstasy. They have no acceptable medical use and have a high potential for being abused.
- Schedule II – they include methadone, Demerol, morphine, codeine, opium, methamphetamine, amphetamine, Dilaudid, and oxycontin. These narcotics also have a high abuse potentiality.
- Schedule III – these have a low abuse potentiality, and they include Vicodin, Suboxone, ketamine, anabolic steroids and Tylenol.
- Schedule IV – they have a lower abuse potentiality, and they include soma, Xanax, Ativan, halcyon, Restoril, and Klonopin.
- Schedule V – these contain very little narcotics. Examples include cough syrups with a percentage of codeine.
Possessing any of the above drugs is illegal. Unless you have been properly prescribed, you will be subjected to prosecution.
How deportation affects non-immigrants’ families
Since non-citizens are not given a second chance when they are caught in possession of any schedule of the controlled substances, their families become devastated when these individuals become deported. According to the ICE (Immigration & Customs Enforcement) latest data release, the deportation of non-citizens with only a drug offense increased by 22 percent from 2007-2012. Additionally, the deportations for non-immigrants who were convicted for possession of controlled substances increased by 43 percent.
Once the non-citizens are deported, they are barred permanently from returning to their families in the United States. Some are not even given a chance to say goodbye to their families. For them, deportation is like a form of life imprisonment without any possibility of parole.
The US Immigration Law
The Immigration law of the US started dictating severe consequences for non-citizens who have been found with drug offenses as early as the 1980s and the 1990s. Therefore, even legal US immigrants are subject to deportation.
When these offenders apply for cancellation of removal of the charges for them to remain in the US, they are still detained without bond, and they have to fight their cases. In most cases, their cases are considered as drug trafficking even if they were caught with low levels of the controlled substances. They are thus deported as aggravated felons and are barred from re-entering the US.
Non-immigrants are therefore disadvantaged due to deportation. Consequently, it is wise to stay away from drugs as long as you are in the US because deportation can be very devastating especially for people with families. Until the US drug law is amended, immigrants should be drug-free at all times.
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