Mrs Walker-Huntington,

I came to the United States (US) about six years ago on a visitor's visa. I was staying with a boyfriend who had drugs in the house. I was charged for it since I was the only one home. He fled to Jamaica.

The lawyer I had advised me to plead guilty. His reason, if the case went to trial and I was found guilty, I was facing a long prison time. I, therefore, pleaded guilty to possession of marijuana with intent to sell or deliver. In exchange, adjudication was withheld and I received one-year's probation.

My probation officer told me I needed to have a job but I could not get one since all my documents were taken on my arrest. She told me I would be jailed if I could not show how I was going to pay the probation money. I decided to leave Florida, violating my probation.

I now live in another state and attend college with the hope of becoming an attorney. I intend to defend people, like myself, who endure a horrifying experiences like my own.

The questions are: Is there any way I can get out of this ordeal? Would a marriage to an American citizen help?

I have been in a serious relationship about five years and this incident has been a secret to my partner. It makes me hardened and I can't seem to trust anyone.

Please inform me of the steps I need to take on getting this problem solved and what are my chances on getting clemency, if possible?

- M.R.

Dear M.R.

You are facing two distinct legal problems - you are a criminal fugitive and you are an illegal alien.

These two problems are in two different US legal systems. Your criminal case is a matter for the State of Florida through the state attorney for the county in which you were living and was arrested. Your failure to abide by the terms of your probation and your subsequent flight is a violation of that probation and would have resulted in a warrant being issued for your arrest. If you are stopped at any time for a traffic violation, if your fingerprints are 'run' for any reason, the arrest warrant will be revealed.

The only way to address the criminal situation is to hire a highly-qualified criminal defence attorney in Florida to deal with the warrant and your probation violation.

Negotiate

When a person violates their probation, they become exposed to the possible sentence they were facing when they were charged. It appears that your case was a felony and you were probably facing a minimum of up to five years in prison.

Your lawyer can try to negotiate with the state attorney prior to your surrender and if the state attorney is so inclined, they may make your lawyer an offer to settle your case prior to your surrender. The state attorney may demand your surrender before the start of any negotiations or may not be open to any negotiations whatsoever.

Your original attorney would have recommended that you take the plea offer because you were assured that you would not spend any time in jail. Unfortunately, your actions have now exposed you to a possible lengthy jail sentence. You should have also been told that taking a plea would expose you to deportation because you were not a US citizen.

Criminal situation

Your immigration problem cannot be solved by marriage because of your criminal situation. Any filing for residency will bring your criminal past to light. Even if you had successfully completed your probation, your charge of possession with intent to distribute would make you inadmissible to the US. Resolving your criminal situation at this point will not lead a clean path to US residency, unless your attorney is successful in having the charges dismissed or having you found not guilty at trial.

This is truly a difficult situation. While you have been able to enrol in college and have expressed an interest in becoming an attorney, I strongly advise against beginning the process to become a lawyer. Attorneys have to endure a detailed background check and your outstanding warrant will surface.

Be on notice that even if the US were to grant legalisation of illegal aliens, your criminal situation would prevent you from benefiting. Please contact a criminal defence/immigration lawyer immediately as your situation is dire.

Dahlia A. Walker-Huntington, is a Jamaican-American attorney who practises law in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com