Case Result: Avoided Trafficking Conviction and Deportation

Jurisdicton: Bristol County Superior Court – Fall River Division

Date: September 25, 2024

Case Background:

As a new immigrant, MR was a perfect target for predatory criminals.  Shortly after his arrival, he was manipulated into working as a drug courier, quickly leading to his arrest and charges of heroin trafficking in a school zone following a search which found him in possession of over 60 grams of heroin and 7 grams of cocaine during a warrant takedown in 2008. The charges carried a mandatory minimum sentence of 7 years and a maximum of up to 40 years. If convicted, MR also faced mandatory deportation, a terrifying reality which threatened his family and his life in this country.

MR’s first lawyer told him that there was no hope.  He did the only thing he could: he went on the run.  He lived the next 15 years of his life in fear, wondering every day he woke up whether that would be the day he would get arrested, go to prison, and be torn away from his family.

That all changed when he contacted our office.  For the first time in years, he felt hope.

Key Legal Challenges:

The evidence in the case was obviously formidable and the potential consequences were dire.  Our task was not only to resolve the outstanding warrant but also to avoid any outcome that would trigger his removal from the United States.  

Strategy and Resolution:

To address these challenges, our team at Erkan & Sullivan, P.C. focused on demonstrating MR’s positive life changes and his limited role in the offense. We highlighted MR’s minor role and the power disparity between him and JM, the mastermind of the criminal offense, who had a known history of taking advantage of vulnerable people to further his drug trafficking enterprise.   We presented compelling evidence to the prosecution, painting a picture of a man who deserved a second chance, emphasizing his dedication to his family and community.

Through persistent negotiations and building a relationship with the prosecutor, we ultimately achieved what others said was impossible: an agreement with the prosecutor to remove the warrant without any bail conditions and reduce the trafficking charge to possession with intent, while the school zone charge was dismissed. The remaining charges were filed away without any sentence, thus not qualifying as a conviction under federal immigration law.

Outcome:

This strategic legal maneuvering allowed MR to avoid deportation and imprisonment. He is now eligible to pursue his dream of becoming a U.S. citizen. MR’s case serves as a testament to the power of a defense as well-prepared as it was compassionate, a comprehensive understanding of the intersection between criminal and immigration law, and the uncompromising resolve to fight for a second chance, ensuring justice for those who might otherwise be lost in the system.