November 05, 2009, 10:30LAS
Probation and Illegal Aliens
I've read through the old threads on this topic but hope to get the benefit of somebody's wisdom on this particular set of circumstances:
Defendant placed on 5 years prob. in Jan 09. Immigration status unknown at time of plea. Defendant had done everything asked of him (classes, paid fees & fine--even paid 2 mos ahead, comm. serv., worked steadily, report etc--no Vidal
condition) up through the end of August when he was picked up in an ICE raid and deported. Prob. Officer thinks but for the deportation, defendant would have successfully completed probation. Wife & kid still in the area. What now? File Motion to Revoke based on failure to pay & report? Negative termination? Other ideas?
December 19, 2009, 11:05David H
If you don't want to be revoked on a probation in Texas, don't be an illegal alien subject to deportation. Stay in your own country and commit your crimes there instead. Problem solved!
December 19, 2009, 11:53JB
How was his immigration status unknown? We, before plea, check to see if D is born outside U.S. If recommendation is for felony probation, there is always a PSI. That PSI generally inquires into D's immigration status. In general, there is no recommendation for probation if D is deportable, for the very reason that probation can't be performed following deportation.
However, once the probation has been granted, it doesn't seem appropriate to fault D for being placed in circumstances that prevent him from performing the conditions. What would be the point of the revocation, which could only occur upon D's return? Just leave the case pending with no action. See if probation officer can get D to report by mail or phone, just to confirm status and maybe pay fees.
What was the original crime?