Hi My brother was sentenced to 25 yrs in Missouri. just 4 yrs after my family moved to the US from Ethiopia and my parents did not understand how the law worked and so when my brother was charged with robbery they went with a public defender and I believe things would have gone differently if they understood the English language a little bit more and now all we want is for him to be deported since they will anyway. Can anyone tell my if it is possible for him to be deported before serving all the years he was given? thank you
If not you can go to Ethiopia Embassy and ask some help , see what they can do. In what I know Embassy are suppose to protect their citizen in a foreign country.
Thats right. Its the public defender's fault that your brother is a criminal and his poor English made him commit a robbery. Under common law, robbery is the unlawful breaking and entering of anothers dwelling at night with the intent to commit a felony within.
Originally posted by speed_025: is your brother a US citizen?
If not you can go to Ethiopia Embassy and ask some help , see what they can do. In what I know Embassy are suppose to protect their citizen in a foreign country.
Why on Earth would the Ethiopian Embassy care? This is actually terrible advice. If Ethipia becomes aware of his criminal background, they will try to refuse to accept his deportation as a persona non grata.
He is not a US citizen, he has a green card. however I love this country and I did not blame anyone or anything for his crimes. he committed them and he is paying for it. all meant was we were not well informed if he is going to stay here after his time or be deported and since he will be then why not deport him... I am looking for advice that's all. thank you
He's from Ethiopia... his home country can negotiate to the US to deport him faster than it should.US will deport him anytime and barr him from re-entry.
I assumed he's not a USC. If he has a criminal record in Ethiopia then his home country will decide for him. Not you n-a-s-t-y devil!
Usually you would serve your time first and then be deported.
Sometimes there are reciprocal arrangements whereby he could serve the balance of his sentance in an Ethiopian jail. Not sure why anybody would want to do that. If it was possible.
Thank you speed_025 for your advice.. we did talk to the ethiopian embassy there is nothing they can do so they say. He has no criminal record in Ethiopia.so I don't he would serve anytime in jail there. and deporting him will ok even if it means never coming back. in jail here he has no life.
I understand the pain and trauma this is causing to you and your family. But robbery is a common law crime, it's a crime that requires malicious intent, and it's been a crime for centuries. This goes to say that everybody knows that robbery, in any country, is against the law and it' an evil action for any human being to engage in.
We're not talking about a petty crime, a mistake. We're talking a 25-year sentence, so it involves either an extremely serious crime or an offender with a very, very extensive criminal past.
So, given the severity of the crime I don't think that the case should merit any extraordinary relief. You should look at the fact that your brother was tried and punished based on his actions, just like any other offender. How would you feel if you saw citizens get away with crime in your face? Wouldn't that feel bad? How would you feel if you were the victim and the alien gets away with it? Would your very own sense of justice be satisfied because the offender is no longer in the country?
Your brother could have asked for an interpreter or for a lawyer that spoke his language, it's a right granted by the due process clause to be able to have a "meaningful" opportunity to defend yourself. Even a USC offender is asked if he understands the charges brought against him. I guess there's always the opportunity to appeal to a criminal court based on that very argument; but an appeal is part of the process, and you're asking for a special considerations for your brother since he's going to be "deported anyways".
I believe in equal justice for all, citizens and aliens, and I don't think that "special considerations" should be given to either group. The Constitution talks about "the accused", a term that's blind to citizenship or immigration status.