Wednesday, February 11, 2009

Some insight into Miggs' legal situation

The Baltimore Sun addressed Miggs' legal issues in an article this morning. A couple of things to note:

Tejada could face up to a $1,000 fine and one year in federal prison, according to the United States Code, though federal sentencing guidelines suggest a term of probation to six months served.

"It's a definitive signal that he's pleading guilty and likely cooperating," said former Baltimore federal prosecutor Andrew C. White, who is not involved in the case but was making suppositions based on information provided to him. In such a case, White said, Tejada could have been charged with the felony of lying to Congress, so the lesser misdemeanor suggests the agreement includes an obligation to "cooperate against other persons."

A conviction, however, could jeopardize Tejada's right to work in the country, White said. Misdemeanor offenses routinely lead to deportation for non-U.S. citizens, and Tejada has only Dominican Republic citizenship. Anyone living in this country who is not a citizen "and has been convicted of a particular crime in the United States, that person could be and may be subject to removal proceedings," said Ernestine Fobbs, a spokeswoman for U.S. Immigration and Customs Enforcement.

To recap:
(1) Miggs will probably receive six months' probation.
(2) The relatively light handling of this case by prosecutors indicates Tejada could be willing to cooperate in other cases.
(3) Tejada's motivation for cooperating is clear: a felony conviction for non-U.S. citizens means Miggs enjoys la Vida Dominicana permanently.

No comments: