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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
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. 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.