Illegal Immigrant Student Jessica Colotl's Criminal Case Reopened

MARIETTA, Ga. - A judge has reopened a criminal case against an illegal immigrant college student in Georgia who was nearly deported after being charged with traffic violations and arrested.

Cobb County Superior Court Judge Mary Staley on Friday asked prosecutors to meet with the sheriff to determine whether a pretrial diversion program is appropriate for Jessica Colotl. Immigration authorities have deferred action on her case.

Colotl faces charges of felony false swearing after prosecutors say she lied to sheriff's deputies about her address following her March 2010 arrest. Staley last month allowed Colotl to enter the pretrial program that would have allowed Colotl to avoid a criminal conviction.

The Atlanta Joual-Constitution reports ( http://bit.ly/olkmLM ) that Staley vacated her order to dead-docket the case after reading that the sheriff didn't approve of the decision.

Cobb County Sheriff Neil Warren was visibly upset by the judge's actions Friday.

"I think if she only gets a slap on the wrist, I think it sends out a bad message," Warren said.

District Attoey Pat Head told FOX 5 that he believes Colotl is eligible for the diversion program because she currently has work permit to be in the U.S. He said he will discuss the move with Warren and Colotl's attoey before making a final decision.