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Law Educator, Esq.
Law Educator, Esq., Abogado
Categoría: USA Ley en Español
Clientes satisfechos: 123319
Experiencia:  El abogado autorizado de los E.E.U.U. calificó en todas las áreas de la ley.
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I have another legal situation that need attention which is

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I have another legal situation that need attention which is difficult at best, XXXXX XXXXX mention embarrassing. The only way to begin, it to begin. What prompted the violation of probation warrant mentioned in my previous question was this: In 2001, a judge in Washoe County, Nv. sentenced me to state prison for 1-3 yrs. The crime was forgery committed the previous year for two checks totaling approx. $300 for household items. I plead guilty, successfully completed 6 mo. house arrest, and complied with all requirements of the court in order to avoid jail time. Unexpectedly, the judge imposed the sentence mentioned above to the surprise of all parties; DA, probation, my atty. and myself. My atty. had no argument prepared and out of fear, I left rather than report for sentencing. I have been living in Mexico since that time. Please keep in mind, that at the time I was 55 and had health concerns. My huband was 69 and suffering from chronic lung disease, and my Mother was close to 90 and in fragile health. I was terrified for all three of us and didn't know what else to do. I wanted to appeal, but was informed that I would have to do that from prison. I did return to the States to visit my Mother several times, finally to care for her in the last months of her life. I am still primary caregiver for my husband who is now 78. I also have a 16 year old granddaughter who has lived here with me for 9 yrs, and I am responsible for her. Since 2008, I have been attending college and in Oct. this year with receive my B.S. in Human Services. I work with various volunteer programs to help wherever I can and there has been no criminal activity. I have led a productive life here that would not have been possible if I had remained in the United States and gone to prison. Needless to say, I have a warrant in Washoe County as well as the probation violation in Ca. that stemmed from my leaving. I need to somehow resolve this situation and don't know how. Please give me some advice. Due to the passport regulations now in effect, I can no longer cross the border without fear. Twice, I have been detained there because of the warrants. Each time law enforcement was contacted and given the option of coming to get me. Both times they declined and I was released. I just want to be able to live in peace and accompany my husband when he goes to the US for his medical care, and go see my kids and grandchildren now and then. My life and home are here, and I need to know what my options might be. Can you help me?
I am sorry to hear you are going through this terrible situation, but I am afraid that the resolution of this is not going to be pleasant or easy for you. In order to resolve your situation and avoid sitting in jail to do so, I am sorry to say you will have to hire a local attorney in Washoe County and they will need to go to court and start negotiating with the DA and then go to the judge to seek to have the judge either recall the warrant or reconsider the jail sentence and work this out through negotiation.

The attorney will also have to negotiate with your probation officer as well to get rid of the probation violation as well, since that can get you put in jail even if the judge in Washoe agrees to withdraw the jail sentence.

I am very sorry, but this is really your only hope to clear this all up and if you do not do this, I am afraid you are just going to have to continue going as you have been.

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Cliente: escribió hace 5 años.
I have a question regarding reconsideration or resentencing if that can be negotiated. Would it be possible in abstencia or would I have to be there? Could someone with Power of Attorney and legal counsel appear for me?
An attorney can begin the negotiations without your presence, but at some point the court can insist on you to appear for sentencing and entry of any plea agreement, that is up to the judge. You cannot ue a non-attorney to negotiate this for you though, it has to be an attorney.
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