Legal Question in Criminal Law in New York

I need serious help. I need advice. I think i got myself in a situation that might give me some problems. I came to the US when i was 13 years old with my parents on a tourist visa and stayed up till last year. I got arrested by immigration trying to board a commercial flight in 2008 at newark International airport. I was given voluntary departure for 120 days, but i did not leave. So i was in Brazil for a little over a year and i made the stupid decision of coming back to the US through the canada border. I got arrested on october 5 of this year and i was criminally charged with EWI, i got time served and was waiting my deportation, because i had a order of removal reinstated. i was ok with leaving and i regretted what i had done. Then border police came to talk with me asking me to identify the guy that was crossing us through the border, and i did that, but i knew i was going to leave in a couple of days, but then they came for me in the jail and took me to see a magistrate judge and i signed an agreement which i would be released and i have to report to them every week, but i was going to be a witness on the governments case against the guy that was crossing me through the border. the reason i agreed to it was because i couldnt stand being in jail anymore and i wanted to go back home to brazil. Im going to go to college there, school starts in february. They kept my passport. I asked them if i wanted to leave the US if i would be able to, or if i would be in trouble, because i dont want to go back to jail. I just want to leave by the end of january. I didnt tell them when i would try to leave though. He told me that i could try to leave but it wouldnt look good for me, i dont know what he meant by that. Im just afraid ill call them and say i want to leave and they arrest me or tell me i cant go. Im afraid they will go after my friends that are illegal that i called from the jail, i thought i was leaving so i thought there wouldnt be any problem calling them. I really dont know what to do at this point. I just dont want anymore trouble and i dont want to get anyone in trouble either. I dont want to be a witness against this guy that was crossing us through the border, im afraid of these people. They havent arrested him yet, but if they do, he will eventually find out who snitched on him. Please give me some advice. I got myself in this situation and i dont know what to do. The EWI charge was supposed to be a misdemeanor, on my papers it says agravatted felony, i dont understand. Was it because i was banned in coming back to the US for failling to vonluntary depart and came back anyway? This was very stupid of me to do, but i learned my lesson. I just want to get on with me life in brazil now. I have no money here and no ID, they kept my passport, im staying at a friends house in NJ, they gave me a bond of 5000, which was secured by 2500, they said if i fail to show up, then ill owe the other�2500. Im afraid if i tell them i want to leave, ill have to pay the other 2500. Please give me some advice to what i can do, i dont want to stay here to be a witness on this case, but i dont want to go back to jail either. Thank you.


Asked on 11/01/13, 11:02 pm

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

This issue is quite a bit more complicated than appropriate to discuss via a public forum. You can contact my office at 212-920-6950 if you'd like to set up a consultation to discuss and review your options.

Good luck,

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Answered on 2/04/14, 9:16 am


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