Inadmissibility and denial

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Jul 18th 2011, 5:44 am

#16

lansbury

Joined: Apr 2005

Location: Milwaukie, Oregon

Posts: 9,974

Re: Inadmissibility and denial

Quote:

Originally Posted by pitymetorockypoint

I am fully aware of this. However in my case the magistrates gave me a fine of £250, This indicates to me that they thought a 6 month prison sentence would be an unjust punishment.

And under the crown prosecutions sentencing guidelines i fell into this category: Property <£1K for own use. Fine or Community Order. Surely this has to be taken into account when they determine what the maximum sentence could have been?

All correct but it doesn't take from the fact that the maximum sentence could have been 14 years. You can put what ever spin you like on it, it is no concern of mine, however as others have pointed out it is the maximum sentence that interests US immigration. I was indicating that the maximum sentence is still the same regardless of which court the case was heard in, as Ian thought a magistrate being limited in sentencing power might change that, or whatever the Clown Prosecutions guidelines say.

Everything else goes towards mitigation to the US authorities why they should grant a visa when you present you application.

Jul 18th 2011, 7:24 am

#17

S Folinsky

BE Commentator

Joined: Feb 2010

Location: Los Angeles, California

Posts: 8,462

S Folinsky has a reputation beyond repute

Re: Inadmissibility and denial

Quote:

Originally Posted by lansbury

But if the magistrates thinks that 6 months isn't enough and it warrants a longer sentence they can send the case to the Crown Court for sentencing.

So just because the case is heard by a magistrate it doesn't limit the sentence that could be imposed to no more than 6 months.

I think that a legal consultation is in order. The body of law of what we in California call "wobblers" can be interesting. The BIA just came out with a case the other day on a related subject -- one that involved Washington State.