Misdemeanor conviction and deportation

ccordova624

Registered Users (C)
Hello Everybody,

Ok, so I need information in the situation that one of my relatives is experiencing. This person, a retired doctor from another country, ex-asylee, now permanent resident falsified a "medicine prescription form" for himself and tried to obtained it from a pharmacy. The pharmacist verified the prescription and the patient didnt exist in their records so he called the police. This relative of mine was taken to the local police station and fingerprinted it - he was then released an hour later with a "certificate of release" letter stating that it was a detention and not an arrest... (see attached)

The prescription is a non-narcotic. In fact it was a "testosterone creme" prescription, I believe its a creme based hormone. Anyways, I guess my relative was embarrased to ask his U.S. physician for this prescription and wrongfuly falsified his doctor's signature in a blank prescription form.

The individual was released 1 hour later, with no bonds, no charges, and no court date. What I am not sure is if the police would investigate more and file charges later? The Certificate of Release says that "the peace officer is satisfied that there are insufficient grounds for making a criminal complain against the person arrested...".
My relative does not have any criminal record at all, and its a well educated foreign physician that does not practice in the U.S. Unfortunately, he is a human being and made a very bad mistake.

Anyways, if convicted and under CA law:
"11162.6. (a) Every person who counterfeits a controlled substance prescription form shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine." Source: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc&codebody=11161&hits=20

Now, my questions are:

1. If convicted of this misdemeanor, is the idividual subject to deportation?
2. What are the rules for a misdemeanor to fall into grounds of deportation?
3. Does anybody have a similar experience?

Thanks,
 
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Lazerthegreat

Registered Users (C)
I think "thankful" can best answer this question. My understanding is that a misdemeanor by itself is not a ground for deportation.
 

raevsky

Registered Users (C)
Counterfeiting is not only a misdemeanor, but also a crime of moral turpitude. Two crimes of moral turpitude make him deportable.
However, one crime only does not, provided the maximum possible sentence under the clause is not more than a year of jail term, and his particular sentence is not more than 6 months of jail term. That is exactly what is happening.
 

raevsky

Registered Users (C)
And one more thing. If he is not convicted (for instance, charges are dropped because the level of proof is not enough for a successful trial, or if the court verdict is not guilty) and at the same time he never pleads guilty or admits the crime committed anyway and truly believed he was innocent, this incident does not count at all.
 

ccordova624

Registered Users (C)
Thanks everybody for their imputs.
THANKFUL, could you please clear up some space in your mailbox? you are unable to receive private messages right now, and I want to ask you something. Thanks.
 
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