Immigration question from someone with criminal record.

ViniIRL

Hey people, I'm Brazilian and let me start with a short story about what happened to me in Ireland:
In april of 2014, I got caught walking around dublin with 4 thousand euro worth of drugs (ecstasy, nbome, weed), they took me to the a Garda Station in Dublin and I was charged for possession with intention to sell or supply (I signed a sheet saying that I was being arrested for drugs supply).
They also interviewed me, I had nothing to lie about and the gards even liked the way I behaved while I was there;
They gave me back my passport, phone and let me go home. I was an drug addicted at the time so I had to go back to Brazil for rehabilitation (no money to afford rehab in IReland).

MY question is: I had stamp 4 visa when In Ireland but it expired in may 2015 (I went back to Brazil in april 2015 and im still here), as I was far away I couldnt renew my visa.

Now I want to back to IReland, i want to be there for my court day, do you guys think the immigration will let me in so I can wait for my court day even if my visa is expired?

Could they refuse my entrance in the country even if I still have to pay for my mistakes(go to court and all)?

Thanks guys, will be waiting on ur response.

Dr.Internet

You don't have a visa at the moment so I can't see immigration letting you hang round waiting for your court date.


Do you have a job lined up, that may help things. Otherwise we've enough criminals here already
..

foggy_lad

ViniIRL wrote: »

Hey people, I'm Brazilian and let me start with a short story about what happened to me in Ireland:
In april of 2014, I got caught walking around dublin with 4 thousand euro worth of drugs (ecstasy, nbome, weed), they took me to the a Garda Station in Dublin and I was charged for possession with intention to sell or supply (I signed a sheet saying that I was being arrested for drugs supply).
They also interviewed me, I had nothing to lie about and the gards even liked the way I behaved while I was there;
They gave me back my passport, phone and let me go home. I was an drug addicted at the time so I had to go back to Brazil for rehabilitation (no money to afford rehab in IReland).

MY question is: I had stamp 4 visa when In Ireland but it expired in may 2015 (I went back to Brazil in april 2015 and im still here), as I was far away I couldnt renew my visa.

Now I want to back to IReland, i want to be there for my court day, do you guys think the immigration will let me in so I can wait for my court day even if my visa is expired?

Could they refuse my entrance in the country even if I still have to pay for my mistakes(go to court and all)?

Thanks guys, will be waiting on ur response.

If you were allowed back into the country I would be surprised if you were not taken straight to prison to spend the time until your court date on remand. You werte givin the perk of being allowed out on bail and abused that by leaving the country adn now you want to come back? will you be bringing more drugs with you?

Padster90s

Were you on bail when you left? You're visa has expired and I really don't think they'd issue you a new one. As another poster said, if they do want you back you'll be arrested on arrival and be held in custody until your court date.
Chances are they won't want you to come back, for court or ever again.

ViniIRL

I know that what I did was wrong, I was a young little retarded (18 years old at the time), I grew up and when I look back I fell desgusted about myself, I changed, my life completely changed after this, no more drugs, no more selling, now I have God so none of this things matter for me anymore I just want to go back so I can go to college and have a proper life.

I told the gards my story, they even gave me back my passaport and all, they saw that I was not a criminal, just an lost kid...
I really needed the money at the time (for food mostly), and I was a very depressed person, thought of killing myself many times and all... when I found drugs they made my life brighter, but it was temporary... that s**t took my life away for 2 years, I lost my friends, I didint about my family, etc, I learned a lot and i can tell u for sure that im completely changed.


Anyway, my story isnt the focus of this thread, I think my question has been answered already? OR maybe u just dont want me back there?

Deathwish4

ViniIRL wrote: »

OR maybe u just dont want me back there?

Bingo.

ViniIRL

Padster90s wrote: »

Were you on bail when you left? You're visa has expired and I really don't think they'd issue you a new one. As another poster said, if they do want you back you'll be arrested on arrival and be held in custody until your court date.
Chances are they won't want you to come back, for court or ever again.

No I wasnt or bail or anything, they just made me sign that criminal sheet and took my fingerprints, gave me back my passport and sent me back home... What is strange is, if my case was taken so serious, they wouldnt give me back my passport, my solicitor said that usually they keep the person's passport if its a serious case.

Valentina

You'll either be refused entrance or arrested on arrival and brought straight to court. It's unlikely you'd then be granted bail.

Hardly seems worth the air fare.

Padster90s

ViniIRL wrote: »

I know that what I did was wrong, I was a young little retarded (18 years old at the time), I grew up and when I look back I fell desgusted about myself, I changed, my life completely changed after this, no more drugs, no more selling, now I have God so none of this things matter for me anymore I just want to go back so I can go to college and have a proper life.

I told the gards my story, they even gave me back my passaport and all, they saw that I was not a criminal, just an lost kid...
I really needed the money at the time (for food mostly), and I was a very depressed person, thought of killing myself many times and all... when I found drugs they made my life brighter, but it was temporary... that s**t took my life away for 2 years, I lost my friends, I didint about my family, etc, I learned a lot and i can tell u for sure that im completely changed.


Anyway, my story isnt the focus of this thread, I think my question has been answered already? OR maybe u just dont want me back there?

I'm sorry to hear things got so bad. Addiction is a bi*ch. When it comes to immigration though the law is the law. I really don't see how they'd give another visa though after that. Its not exactly a parking fine or something minute. If you come back for court though you'll get a conviction and most likely face deportation. Id be would be different if you were from the EU. If I was you I'd forget about Ireland and stay clean.

ViniIRL

I will wait for educated and grown people to answer my question, it seems like some people just cant understand how someone can change and regret all bad things they've done...

Padster90s

ViniIRL wrote: »

No I wasnt or bail or anything, they just made me sign that criminal sheet and took my fingerprints, gave me back my passport and sent me back home... What is strange is, if my case was taken so serious, they wouldnt give me back my passport, my solicitor said that usually they keep the person's passport if its a serious case.

It sounds like you were deported. Were you?

ViniIRL

Padster90s wrote: »

I'm sorry to hear things got so bad. Addiction is a bi*ch. When it comes to immigration though the law is the law. I really don't see how they'd give another visa though after that. Its not exactly a parking fine or something minute. If you come back for court though you'll get a conviction and most likely face deportation. Id be would be different if you were from the EU. If I was you I'd forget about Ireland and stay clean.

Thanks for ur response. The thing is that I dont want to run away, I dont want to be a fugitive, I want to pay for whatever I did even if it means ill have to do community service and pay fines, or go to prison for a few months as I have no convictions, it was my first time being caught, Ive heard they give less severe penaults for the ones with no convictions...

foggy_lad

ViniIRL wrote: »

I know that what I did was wrong, I was a young little retarded (18 years old at the time), I grew up and when I look back I fell desgusted about myself, I changed, my life completely changed after this, no more drugs, no more selling, now I have God so none of this things matter for me anymore I just want to go back so I can go to college and have a proper life.

Why is this not available to you in Brazil? Are you wanted there too?

I told the gards my story, they even gave me back my passaport and all, they saw that I was not a criminal, just an lost kid...

Most taxpayers would just want you gone from the country and save the cost of a trial and sending you to prison for a few years.

I really needed the money at the time (for food mostly), and I was a very depressed person, thought of killing myself many times and all... when I found drugs they made my life brighter, but it was temporary... that s**t took my life away for 2 years, I lost my friends, I didint about my family, etc, I learned a lot and i can tell u for sure that im completely changed.


Anyway, my story isnt the focus of this thread, I think my question has been answered already? OR maybe u just dont want me back there?

While it is commendable that you say you have got your life back in some order and are no longer taking or dealing drugs it has to be asked why you would want to return to a country where you will be tried and most likely imprisoned?

Dr.Internet

ViniIRL wrote: »

I will wait for educated and grown people to answer my question, it seems like some people just cant understand how someone can change and regret all bad things they've done...

Regret is one thing and fair play to you for turning your life around. From having to sell drugs for food to being able to afford non eu college fees is quite an achievement in the space of a year/ 18 months

However, we have laws which you disregarded and for that there are consequences.

ViniIRL

Padster90s wrote: »

It sounds like you were deported. Were you?

Nope,after being interviewed they just let me go home and told me to wait for my court day, no deportation, nothing.

ViniIRL

foggy_lad wrote: »

Why is this not available to you in Brazil? Are you wanted there too?
Most taxpayers would just want you gone from the country and save the cost of a trial and sending you to prison for a few years.
While it is commendable that you say you have got your life back in some order and are no longer taking or dealing drugs it has to be asked why you would want to return to a country where you will be tried and most likely imprisoned?

As I said I dont want to run away, if court day comes and im not present maybe things would get a lot worse, I would be taken as a criminal and a fugitive, I want to show them that I got my life back on track, that those things dont matter for me anymore, all I want is not to be seing as a crminal, thats how God's law works, u do it it here u pay it here.

Padster90s

ViniIRL wrote: »

Nope,after being interviewed they just let me go home and told me to wait for my court day, no deportation, nothing.

It seems odd that they wouldn't detain you or deport you. Yeah, people who cooperate and don't have a record usually get lighter convictions. You had €4,000 worth of drugs on you though, that's a prison sentence, even if you did cooperate. You also said you signed a document saying that you did have the drugs. You won't get a visa to come back. You could make contact with the Irish Embassy in Brazil and see what the story is.

ViniIRL

Padster90s wrote: »

It seems odd that they wouldn't detain you or deport you. Yeah, people who cooperate and don't have a record usually get lighter convictions. You had €4,000 worth of drugs on you though, that's a prison sentence, even if you did cooperate. You also said you signed a document saying that you did have the drugs. You won't get a visa to come back. You could make contact with the Irish Embassy in Brazil and see what the story is.

Hm, I forgot to mention that two months after being arrested I went back to Brazil for rehab, I stayed here for 6 months and went back to Ireland again, at the time I had my stamp 4 visa and the immigration officer let me in no problem, no questions, no bad look or anything, it felt like I had no criminal record, thats what seems strange to me.

tom_k

ViniIRL wrote: »

As I said I dont want to run away, if court day comes and im not present maybe things would get a lot worse, I would be taken as a criminal and a fugitive, I want to show them that I got my life back on track, that those things dont matter for me anymore, all I want is not to be seing as a crminal, thats how God's law works, u do it it here u pay it here.

Did you receive a court summons i.e. a document telling you your court date and outlining the charges against you? If a summons has been issued and the court date has passed you may be arrested on arrival in Ireland and detained.

If you were to return you'll be facing fees for a lawyer (unless free legal aid is granted) in addition to a heavy fine and possible jail time.

Padster90s

ViniIRL wrote: »

Hm, I forgot to mention that two months after being arrested I went back to Brazil for rehab, I stayed here for 6 months and went back to Ireland again, at the time I had my stamp 4 visa and the immigration officer let me in no problem, no questions, no bad look or anything, it felt like I had no criminal record, thats what seems strange to me.

Oh right, so you came back. That puts a different slant on things. You're in Brazil now? Well if you got that visa after the incident, you'll probably be issued another. Was the stay in Ireland after rehab and the incident longer than 90 days? You don't need a visa for a stay less than 90 days given you have the funds and a return flight. If you come back to go to court, you will be convicted (because of what you signed at the Garda station). When you're convicted its likely you'll be detained and deported.

ViniIRL

tom_k wrote: »

Did you receive a court summons i.e. a document telling you your court date and outlining the charges against you? If a summons has been issued and the court date has passed you may be arrested on arrival in Ireland and detained.

If you were to return you'll be facing fees for a lawyer (unless free legal aid is granted) in addition to a heavy fine and possible jail time.

No, i didnt receive the court summons yet, as I said they just took my fingerprints and let me go, nothings else happened after tthat, im still waiting for some news from the Garda or the DPP but they didnt contact me or anything and it has been almost 2 years that this happened.

thats why i want to go back as soon as possible, so I can wait for my court day whenever it comes, I sure can entry the country to wait for my summons and my court date right?

tom_k

It might help to contact the Migrant Rights Centre - http://www.mrci.ie/ or the Immigrant Council http://www.immigrantcouncil.ie/

If they can't assist you they'll be able to point you to who can.

ViniIRL

Padster90s wrote: »

Oh right, so you came back. That puts a different slant on things. You're in Brazil now? Well if you got that visa after the incident, you'll probably be issued another. Was the stay in Ireland after rehab and the incident longer than 90 days? You don't need a visa for a stay less than 90 days given you have the funds and a return flight. If you come back to go to court, you will be convicted (because of what you signed at the Garda station). When you're convicted its likely you'll be detained and deported.

Yeah, i'm in Brazil. and Yes, after the incident I went back to Ireland in november 2014 and came back to Brazil in march 2015, that means I stayed there for 4 months even after being arrested, Gards didnt call me or anything I just lived my life normally, immigration didnt ask me any questions when I came in to the country, everything just seems so fk*ng weird,

i feel that DPP and the Gards that arrested me that night understand that I was just an depressed kid looking for something to put me up, to make me feel better... drug dealing really gives u this feeling of superiority unfortunately and I fall into this trap

Stheno

I wonder did go home, mean go home to wherever you were living in Ireland as opposed to leaving the state?

I.e. was there a language problem here?

ViniIRL

Stheno wrote: »

I wonder did go home, mean go home to wherever you were living in Ireland as opposed to leaving the state?

I.e. was there a language problem here?

I meant to say that they let me go to my irish home, pal, my real home hahah, they told me this way "go to ur house (Ireland's house) and wait for ur court day" and I'm still waiting for my court summons or some news from them, but havent heard from them for nearly 2 years

Padster90s

ViniIRL wrote: »

Yeah, i'm in Brazil. and Yes, after the incident I went back to Ireland in november 2014 and came back to Brazil in march 2015, that means I stayed there for 4 months even after being arrested, Gards didnt call me or anything I just lived my life normally, immigration didnt ask me any questions when I came in to the country, everything just seems so fk*ng weird,

i feel that DPP and the Gards that arrested me that night understand that I was just an depressed kid looking for something to put me up, to make me feel better... drug dealing really gives u this feeling of superiority unfortunately and I fall into this trap

It is weird man, any stay for 3 months needs a visa which usually involves a background check. Tom K's advice is the one you should pay most attention to, Migrant Rights should steer you in the right direction or at least have an idea about what to do. The DPP is as slow as Christmas. I haven't heard anything like this before. Usually if you're on a visa and something like this happens you're either detained or deported. Its good to hear you want to face the consequences but I really don't know. Contact Migrant Rights,The Irish Embassy, The Office of the DPP or the Gaurds. Someone is bound to have an answer for you! Good luck with it. Good luck with staying clean and getting your life back together, you've the hardest part done. All the best

ViniIRL

Padster90s wrote: »

It is weird man, any stay for 3 months needs a visa which usually involves a background check. Tom K's advice is the one you should pay most attention to, Migrant Rights should steer you in the right direction or at least have an idea about what to do. The DPP is as slow as Christmas. I haven't heard anything like this before. Usually if you're on a visa and something like this happens you're either detained or deported. Its good to hear you want to face the consequences but I really don't know. Contact Migrant Rights,The Irish Embassy, The Office of the DPP or the Gaurds. Someone is bound to have an answer for you! Good luck with it. Good luck with staying clean and getting your life back together, you've the hardest part done. All the best

the immigration office deffo did an background check before he let me in and thats what drives me crazy, it seemed that there was nothing bad about me, but anyway ill get in contact with the immigration and see what advice they will give me. Thank u so much I wish u the same.

Thanks people, sorry for taking ur time so late, good night everyone.

ViniIRL

i just cant edit my last post, I meant 'immigration officer' instead of office, and I'm still accepting advice from other people, dont be shy and reply to my question please.

Padster90s

Keep us posted on how you get on.

Typer Monkey

The Garda who arrested you would have had directions to charge you back from the DPP by now I'd imagine but could not contact you as you fled the jurisdiction. They have an irish address and phone number for you so how could they go about contacting you in Brazil to tell you this?

Also, the DPP doesn't decide that you won't be charged because you were a poor fella who needed money for food. That's what mitigation by your defence team is for and that occurs after a guilty verdict and before sentencing. The DPP decides based on the evidence proferred only.

If you return the charges will most likely be there waiting for you. I don't understand why you would want to return tbh

Zambia

Here's from your posts is what I think has occurred.

You were arrested, interviewed and released pending a summons for drug offences.

A file is prepared (this can take a while) and eventually a summons is issued for you to attend court.

It cant be served as you have left Ireland.

A warrant may be applied in place for your arrest so you can be bailed or remanded to a court date on your discovery.

How to establish this is ring the Garda Station that you went to or the Garda that arrested you and ask them to advise you what is the status of your case. (they may or may not tell you). You never know you may have just been cautioned in the end.

Regardless I think maybe Ireland is just a place you cant live or go to anymore. Unless you have some overriding wish to live in Ireland maybe try the UK. Just avoid London, the Police dont have a great track record with Brazilian Nationals.

Best of luck and don't deal any more drugs.

ViniIRL

Hey poeple im back, thanks for ur responses...

I was searching around and found out that the substance I got arrested with (25i-nbome, 25c-nbome) was not an controlled substance at the time I got caught, actually, it only became illegal in january of 2015 and I was arrested in april 2014. Could I be charged over the possession and supply of this drug even if I was caught way before it even became illegal?

Fred Swanson

This post has been deleted.

L1011

ViniIRL wrote: »

Hey poeple im back, thanks for ur responses...

I was searching around and found out that the substance I got arrested with (25i-nbome, 25c-nbome) was not an controlled substance at the time I got caught, actually, it only became illegal in january of 2015 and I was arrested in april 2014. Could I be charged over the possession and supply of this drug even if I was caught way before it even became illegal?

Are you sure you're not seeing reference to UK bans rather than Irish ones?

ElChe32

Stamp 4 renewal is subject to you obeying the laws of Ireland so they may delay/deny you. Drug offenses won't be taken lightly.

ohnonotgmail

L1011 wrote: »

Are you sure you're not seeing reference to UK bans rather than Irish ones?

it seems he is right

http://health.gov.ie/blog/press-release/government-declares-certain-substances-to-be-controlled-drugs-under-the-misuse-of-drugs-act/

Marcusm

Fred Swanson wrote: »

This post has been deleted.

Hmmmm, interesting. Hard to see how they could turn the presumption of innocence on its head so easily. It would be up to the State to provide evidence that he was in possession of a particular substance and also to demonstrate that the possession of such substance was contrary to the law.

OP: you really need to make contact with the Gardai or have a legal representative to make contact on your behalf to establish that there are no outstanding warrants, summonses or charges waiting for you. Even if the substances were not banned, it is possible, as you might imply from Fred's post, that you might, as the Americans would have it, be a person of interest in the eyes of the authorities.