What Happens if You are Deported while on Probation?
Under California and United States law, if you are convicted of a deportable crime, you may be removed from the United States regardless of your status or ties you’ve established in the U.S. Some crimes that could lead to your deportation are:
- Crimes of moral turpitude
- Multiple criminal convictions
- Aggravated felonies
- High speed flight crimes
- Failure to register as a sex offender
- Certain drug or controlled substances convictions
- Certain firearm convictions
- Crimes of domestic violence, stalking or violation of a protection order
- Crimes against children 1
Many times, convictions for any of these crimes carry probation in lieu of (or subsequent to) jail or prison time. Probation is a conditional sentence, meaning that if you do not comply with all the unique terms of your probation, you could be sent to prison or jail. Your sentence will depend on the crime for which you were originally convicted.
Your Duty to Inform Your Probation Officer if Deported
If you are here in the United States illegally and you are deported following a criminal conviction, you may not be excused from complying with certain probation conditions such as regular contact with your probation officer or paying fines.
One California case found that failure to report following deportation was a not a willful violation of parole. 2 However, even if you have practical difficulties in fulfilling probation obligations, such as in-person reporting requirements, you may nonetheless be required to communicate by mail from the foreign jurisdiction. 3
What Happens if You Return to the United States after Being Deported?
If you illegally return to the United States after your deportation but before your probation expires, your subsequent failure to report to your probation officer could itself be a probation violation. 4 If after returning, you violate probation before the expiration of the probationary period, a new term of probation may be imposed. 5 In short, deportation does not automatically cancel your probation requirements and will continue for your entire probationary period. However, your deportation cannot be the sole basis for a probation violation.
Possible Charges You Face if You Violate Probation
If you violate your probation or parole after being deported, you could face a parole or probation violation under state or federal law. 6 A parole or probation hearing will be held to determine whether a violation has occurred. 7 This is because the court retains the authority to determine whether there has been a violation during the period of probation if you return to the United States after being deported. 8
Under California Penal Code 1203, you could be charged with a separate crime for violating the terms of your probation. 9 If, at the end of your probation revocation hearing, the court finds you violated probation, the judge may:
- Reinstate your probation under the same terms as before (similar to resetting the clock)
- Modify your probation and impose additional stricter terms; or
- Revoke your probation and send you to jail or prison. 10
Therefore, if you fear you may be deported, it is important that you understand all of your probation obligations. However, hiring an attorney may afford you other possibilities, such as negotiating with the prosecutor to a lesser non-deportable crime so that you can stay in the United States.
Call Wallin & Klarich if You are Accused of a Probation Violation
If you or a loved one has been charged with violating probation, you need to contact an experienced Wallin & Klarich criminal defense attorney immediately. Wallin & Klarich has been successfully defending people accused of probation violations for over 40 years. We will meet with you immediately and plan a defense strategy that will help you get the best outcome possible in your case.
With offices located in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
1. [8 U.S.C.A. § 1227 (West)]↩
2. [People v. Galvan (2007) 155 Cal.App.4th 978, 982 [66 Cal.Rptr.3d 426, 429]]↩
3. [http://www.avvo.com/legal-answers/does-probation-get-canceled-since-i-was-deported–2100993.html]↩
4. [People v. Leiva (2013) 56 Cal.4th 498, 508 [154 Cal.Rptr.3d 634, 642, 297 P.3d 870, 876]]↩
5. [People v. Leiva (2013) 56 Cal.4th 498, 516 [154 Cal.Rptr.3d 634, 648, 297 P.3d 870, 881]]↩
6. [See 18 U.S.C.A. § 3565 (West); Pen. Code, § 1203.1]↩
7. [People v. Leiva (2013) 56 Cal.4th 498, 517 [154 Cal.Rptr.3d 634, 648, 297 P.3d 870, 881]]↩
8. [Id.]↩
9. [See Pen. Code, § 1203.1]↩
10. [Pen. Code, § 1203.1(a)]↩
