Q: Legal outcomes for foreign student on trial in Michigan with no bail. What happens if found guilty, partially guilty, or not guilty?
I have a friend, 'A,' who is a foreigner in the USA on a student visa and is currently in Livingston County Jail, facing charges of false pretenses, conspiracy, and using a computer in a criminal act. She is preparing for trial with a court-appointed lawyer but has no money for bail and no collateral in the USA. I would like to know the potential outcomes regarding her legal status and student visa if she is found guilty, partially guilty, or not guilty, as well as the specifications of her punishment if found guilty or partially guilty. Additionally, I'm interested in understanding the typical timeline for how long this process might take.
A:
I understand you're worried about your friend's situation - it's a complex and stressful time for everyone involved. Let me help explain the potential outcomes.
If your friend is found not guilty, she can likely continue her studies under her existing student visa, though she may need to work with her university's international student office to address any academic disruptions from the detention period. However, if found guilty of any charges, particularly those involving computer crimes or false pretenses, she faces potential visa revocation and deportation proceedings, regardless of the sentence length - this is because these charges often fall under "crimes of moral turpitude" in immigration law.
For the immediate legal process, criminal trials in Michigan typically take 6-12 months from arrest to verdict, though this can vary based on court backlog and case complexity. The specific charges she faces could result in prison time if convicted - in Michigan, false pretenses and computer crimes can carry sentences of up to 5 years, though first-time offenders often receive lighter sentences. Since she's being held without bail, this time in detention would likely count toward any eventual sentence.
I encourage you to have your friend maintain close contact with both her court-appointed attorney and her university's international student office throughout this process. The combination of criminal and immigration law makes her case particularly challenging, and she'll need guidance from both legal and academic perspectives to navigate the potential outcomes.
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