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  1. #1
    Join Date
    Mar 2010
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    Default Canadian With U.S. Drug Troubles

    My question involves criminal law for the state of: Michigan #33374032AV

    In 2003 my brother was crossing the US border he was on his way to London Ontario Canada and wanted to drive through the US because it was a shorter trip then driving through Canada. They had pulled him in for a random check and during the check they had found a small plastic baggy in his wallet. Upon swabbing it found traces of cocaine residue in it. The told him that it was his "lucky day" and that they were going to release him back to Canada, however; he had to sign a paper stating that he would not return back to the US for a minimum of 5 years as well they took the $600 Cdn that he had in his wallet at the time. He was crossing the border a few days ago with my parents (7 years later), at the border crossing they pulled up his name through his passport and he was taken into Immigration Custody then brought to the county jail because apparantly in 2004 they had charged him for the possession of illegal substances under 1 gram and had a warrant out for his arrest without his knowledge. He had to pay a $10, 000 US bond to be released back to Canadian authorities and has a Preliminary Exam hearing on March 15th, 2010. He is horrified to return for the hearing because the officers at the jail told him that if he returns they are going to hang him. Can anyone give me some advice as to what I/he can do, what could happen to him if he does or doesn't return, and what the total outcome could be of all this?
    I plead for your help

  2. #2
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    Sep 2005
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    Default Re: Canadian Drug Troubles

    He's charged in state court? If so, he should retain a lawyer in the county he's charged, and see if he can qualify for "7411" (seventy-four - eleven) sentencing.

  3. #3
    Join Date
    Mar 2010
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    2

    Default Re: Canadian With U.S. Drug Troubles

    Yes, he was charged by the state court. I just don't understand how they can charge him 1 year after the fact? And I don't understand why they would release him if they were going to charge him in the first place...
    The police officers at the jail told him that even though it's been 7 years since everything there's no way that they would give him a lesser sentence then 4 years especially since he's a Canadian.

  4. #4
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    Sep 2005
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    Default Re: Canadian With U.S. Drug Troubles

    In which case you don't know the full facts, have chosen not to share the full facts, or misunderstood what you were told. Nobody would be talking about a minimum of four years in prison for mere cocaine residue.

    Perhaps you misunderstood the maximum penalty for simple possession (four years incarceration) as the minimum he's likely to face? If it's not that, the case involved substantially more than cocaine traces, your brother has a significant criminal record, or both.

    Tell him to work with a criminal defense lawyer in the county where he was charged.

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