San Jose, CA asked in Criminal Law and Federal Crimes for California

Q: If you got arrested for alien smuggling, but served no jail time and haven't received a court date, is it a felony ?

The border patrol in Arizona mentioned there was a charge but no information has been received regarding court dates or anything. Is it a misdemeanor, felony or something worse ? No prison or jail time was served, but is it something that has to be scrubbed clean or otherwise ?

Related Topics:
2 Lawyer Answers
David Michael Lehr
David Michael Lehr
PREMIUM
Answered
  • Criminal Law Lawyer
  • Ventura, CA
  • Licensed in California

A: It is typically a federal charge and also a felony. Your record and various other factors can dramatically increase and decrease the seriousness. The fact that you are not currently in custody is good.

Good luck!

Joseph Abrams
Joseph Abrams
Answered
  • Criminal Law Lawyer
  • Anaheim, CA
  • Licensed in California

A: It sounds like there is only an arrest with no court action so far. It could stay that way, in which case you will only have an arrest on your record. Or it could proceed to charges at a later date, in which case you will be informed and given a court date. If the charge is at the federal level, it is almost always a felony.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.