Roosevelt, TX Criminal Defense Law Firms & Lawyers

If your mother gets deported, it is very unlikely that she will come back any time soon. Her best chance is in trying to vacate the criminal conviction, and then reverse the deportation order. She needs an immigration attorney who would try to stop her deportation, and a criminal attorney who would know how to reopen her criminal case. Whatever can be done needs to be done very fast, before the deportation order gets executed.

Winning an appeal is like hitting the 'reset' button on your Nintendo. Instead of going off to prison for 3 years, you go back to the beginning of the process. Procedurally, it's as if you were arrested a few days ago, and just bonded out. Typically, appellate reversals are issue-based; not charge-based. In other words, once you win the appeal, and the case is remanded back to the original trial court, the DA's office can happily retry the case. All they have to do is avoid whatever it was that got the case overturned on appeal in the first place. The fact that you won the appeal doesn't mean the DA's office cannot retry you for the same offense, or a lesser-included offense. If you don't want to do probation on a lesser, you need to prepare to go to trial, argue it to a jury, and hope they agree (or have a reasonable doubt as to whether the State's evidence convinces them BRD that you did not in fact act in self-defense). 

Absolutely. The judge is not required to allow the probation, if he gets it, to be transferred. And, if the person doesn't like it, then he can take a prison sentence instead.