10.14.2011

Crazy Texas Legal Case Of The Day


An illegal alien is caught with drugs and is offered a plea bargain of 10 years probation in Smith County, Texas.  One of the conditions of probation was for her to obtain legal status within 12 months or else leave the country and reside  “in a location where you do have a legally authorized status.”   That's right, some judge said, in effect, "If you ain't legal in a year, get back to Mexico. In the meantime, enjoy American probation."

When the defendant failed to obtain the right to legally be here, the State filed a Motion to revoke her probation, the judge found that she had violated that probation, and he ordered her to prison for five years.

On Appeal: Not so fast, my friend.  The probation order is trumped by federal law, and federal law controls criminal sanctions for not being in the country legally.

Side note #1: The court's opinion casually pointed out that there was also a probation condition which required her to not break any law while on probation. However, the State did not allege that she violated that condition.

Side note #2:  "Her counsel stated at the revocation hearing that [the defendant] had four children who were United States citizens, two of whom have Down’s Syndrome."

23 comments:

Anonymous said...

Can someone please explain to me, in simple words, why it is not a good idea to close and militarily guard our southern border?

Anonymous said...

She didn't speak ENGLISH. How In the hell could she have know she was supposed to become an ENGLISH, AMERICAN U. S. Citizen. Sheesh-float her back.

Anonymous said...

Ship her, AND her greasy little wetback anchor babies back. WE DON'T WANT YOU HERE!!!

Anonymous said...

lawyers caused all the problems with the law..

Anonymous said...

F- the Federal G! Put her azz in prison and throw away the key. Not my problem she has poor poor kids with DS. She's living off my back and I'm sick of it!

We have got to stop feeling sorry for people like this!

And, does anyone know if there is somewhere to look to get the names of people on government assistance? If my taxpayer funds are helping these losers I should be able to see who is taking advantage of these funds. It should be public record.

wordkyle said...

Not to oversimplify this, but wasn't the punishment for violating her probation, and not for being in the country illegally? Therefore the punishment is justified -- but the condition of her probation might not be. (#1 - Is that a legal option for establishing conditions of probation? and #2 - Can legal citizenship status be achieved within 12 months?) And did she actually have the option of walking away without consequence (leaving the country) and still managed to mess up her deal?

She had three courses of action, and chose the one that landed her in jail. It might not hold up on appeal, but it's certainly justified.

Anonymous said...

send all of them home, along with the illegals daddy's

Anonymous said...

9:54 AM

Hey, dipshit...!!!! If she gets thrown in jail, she'll still be living off your back. Moron.

Big Texas. said...

Two downs syndrome children means the taxpayers will be supporting them for the rest of their lives. Sorry, but we need to send them back to what ever country they come from. We are not Cat Ladys, we can not support every stray that comes along. It only creates more strays for us to feed. Just like the cat lady that trys to feed all the cats, they will wind up starving, including the cat lady.

Anonymous said...

9:51

Spot on exactly right. Spread the word. Stop electing lawyers to public office.

BG, do you have the nerve to publish this?

Anonymous said...

Shoot her!

Anonymous said...

And my Dodge diesel pickup was assembled in Mexico City. Unemployed autoworkers in Detroit are not paying income tax nor are the Mexicans who assembled my truck. This Mexican thing is working out real well for Americans. Hope all you taxpayers enjoying paying for this woman and her children and also for the unemployed auto workers in Detroit. I like my Dodge truck.

And I like my home build by illegal Mexican workers. Hope you unemployed American carpenters and plumbers don't mind. I get a larger house using cheap illegal labor. Hope you Americans with inflated health insurance enjoy paying double at the hospitals so my Mexican carpenters can get free emergency room care when they accidentally fall off a ladder. How else could I build such a large house if I had to pay what American citizens want to be paid so they can buy their own health insurance. The great thing is that I can pay the Mexicans with cash money and not bother with all the hassle of holding out taxes from their pay. Hope you don't mind.

This is working out real well for me. I get a lot of truck for cheap and I get a big home for my family and you suckers pay enough taxes and insurance to help out my labor forces. And you are also supporting the unemployed American autoworkers and carpenters. Thanks.

Anonymous said...

All I can think of on seeing that pic is, where are our snipers?

Anonymous said...

Can someone please explain to me, in simple words, why it is not a good idea to close and militarily guard our southern border?

1. It's impossible. See, for example, every similar attempt at closing a border from the Great Wall of China, to Hadrian's Wall, to the Berlin Wall.

2. It is extradorinarily expensive. See: Budget.

3. Most of the illegal immigrants and drugs come through legal checkpoints anyway. Closing those is stupid for trade reasons. Corrupt officials on this side of the border assist with the trafficking of people and drugs--which of course brings us back to: It's impossible.

Rage

Anonymous said...

AND her greasy little wetback anchor babies

We call those American Citizens. Were your ancestors born in this country, or did they cross a border at one point?

wordkyle, the problem with simplifying things, is that it displays your ignorance of the issues.

Rage

Anonymous said...

"Were your ancestors born in this country, or did they cross a border at one point?"

And you'll be the first one pissing and moaning, when it gets dragged down by these burdens of society. Go un-f@ck yourself, open your eyes, and recognize whats REALLY happening...

Anonymous said...

Hey there, high-nooner, our legislative bodies haven't been dominated by "lawyers" in a couple of decades. The problems really started when we began letting doctors, insurance reps, bidnessmen, and assorted nincompoops "write the law." That's when they became incomprehensible and unenforceable.

And not to wake you up from your hypocrical slumber or anything, but the "Founding Fathers" you no doubt hold in high esteem, ... were pretty much lawyers.

Which is why America as a nation under the "Rule of Law" and not the "Rule of Man".

What YOU want is to be able to make the country do ... what YOU want. That, Bobo, is the definition of "Rule of Man".

Also once upon a time known as "the dictatorship of the proletariat."

Anonymous said...

Send her and her sick ass anchor babys back to Mexico. When will we start sending the Mf'er back.
The mexicans are so great at working the system they have them babies about 2 years apart and never have a father around so as to not to get the goverment check stopped. Send all of them back.. and yes my ancestors were here when Columbus landed thank you.

Anonymous said...

While your at it shoot the dog in the pic. so they can't have anything to eat.

Anonymous said...

Solution: USA invade and take over Mexico. Make it our 51st state. Then they will be under USA law and USA tax system and ALL of them will pay! (Well, I say "all".. not even all USA citizens pay taxes! grr!). Then we have no problem with a border war. All Mexicans can stay in Mexico and their tax paying folks can chip in to the welfare USA pays them! All USA; All the same.
Simple! Go get 'em boys!

Anonymous said...

sadly the illegals love their kids to be born here with special needs that qualify them for disability payments so that they can collect on that at a us post office box and live in mexico like royalty another sad point back before tort reform here in texas dr.s were sued by illegals trying to make a quick buck having a special needs child i myself find it appalling that they do this by colgging the system of help for these children most often times the american born child to american parents who are naturalized citizens i.e. born in the u.s. are unable to get the help they need. our system is overwhelmed by illegals in our area it is hispanic illegals from mexico and farther south however until we make it a non profitable thing to come here they will come every one here can do a little somthing to help start by asking your city to pass a resoultion requiring all contractors doing work for the city to require their workers to pass the e-verify test to see if they are citizens and if the contractor dosent then dont do business with them all great thing start with small steps this is one of them

Anonymous said...

The ignorance on display in these threads is overwhelming - and consistent. Ignorance and bigotry are primary causes of our nation's decline. A representative democracy dominated by ignorance cannot be effective.

Anonymous said...

shut up u guys are haters.. we do all the work