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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience:  Over 5 years in practice
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I'm portuguese and I have a big problem , I'm living he

Customer Question

Hi , I'm portuguese and I have a big problem , I'm living here for one year and wen i move i was in a midle of a judgement for traffic, ive got caught with 0,40 gr of achiche . Ive ask to the judge if i can come to work and she said yes so i came , after almost tho month i receive the answer that i e got 6 years of jail . Unbelievable. .. than i ask for a review and they change for 3,5 years but now i can't go to the supreme because is not more than 5 years. I have my life in here , i work for my own as a painter and decorator and im paying taxs since i arrive in last may , i have my house , bills in my name , everithing legal .what can i do now ? Do i gonna be extradited? I need help asap please answer me asap . Regards joão
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Do you mean you received a sentence of imprisonment of three and a half years?
Customer: replied 1 year ago.
Yes
Expert:  Jo C. replied 1 year ago.
Then there is a mandatory deportation I'm afraid. Any sentence that is greater than one year leads to a mandatory deportation order.The only challenge is under the Human Rights Act and usually that takes the form of the right to a family life for those who have a family in the UK.Obviously there are other human rights that may apply but usually they do not have much relevance to a mature democracy like Portugal.Sorry if that is bad news.Can I clarify anything for you?Jo
Customer: replied 1 year ago.
So that means i will be deported straight away and theres nothing i can do about that?
Customer: replied 1 year ago.
I though that uk have no extradition agreement with portugal
Customer: replied 1 year ago.
I don't know if you understood but the sentence and all the process was in portugal no in here.
Expert:  Jo C. replied 1 year ago.
Portugal is in the EU. Deportation can be achieved within the EU.
Customer: replied 1 year ago.
Sorry to insist but i have no one more to ask. How much time should take to deport someone?
Expert:  Jo C. replied 1 year ago.
Usually it is at the end of the sentence. Doesn't take long really. It can be appealed under the HRA
Jo C., Barrister
Category: Law
Satisfied Customers: 69997
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you i will rate you.
Customer: replied 1 year ago.
Sorry again are you saying i can apeal for the deportacion ? Can you do that?
Expert:  Jo C. replied 1 year ago.
Yes,The only challenge is under the Human Rights Act and usually that takes the form of the right to a family life for those who have a family in the UK.Obviously there are other human rights that may apply but usually they do not have much relevance to a mature democracy like Portugal.
Customer: replied 1 year ago.
Ok but i don't have any family here
Customer: replied 1 year ago.
The case was realy unfair, im sure if someone from here saw that case will give me reason. I hasn't nothing before or after that time and they don't have enought proves for that sentence , we were 7 people some of them caught for the second time with diferents drugs but at excepcion of one that was arrested before i was the one who get jail sentence . I think it was because i came here and they thought im tuning away . I have my lawyer who you need to talk if you acept to know more about my case . And i will apreciate that .
Customer: replied 1 year ago.
I was caught on 10 / 2010 just now i have the sentence , i have all my life established. ..is not fair.
Expert:  Jo C. replied 1 year ago.
It is not but it is the state of the law I'm afraid.

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