Unexpected Felony Charge pre-wedding. Help!

[Mrtn89 2]

Hello VJ,

My fiance and I are going through a very peculiar case and would appreciate some input from anyone who has firsthand experience with a similar situation. I am a us-born citizen and my fiance is here in the States on an F1 student visa. We have been together going on five years now and she has finished her bachelor's and she is one semester away from finishing her master's degree. We had discussed getting married in December a month before she graduates from her master's degree however, last night as we were attending a concert which got out of hand, local police officers showed up to shut the venue down and started pushing people around long story short my fiance got accused of fighting back and got arrested for assault on a officer Which is a felony. My question is regarding how this affects her status now and the potential upcoming wedding? Although the court hearing probably won't be for a couple of months I understand that now it will be reported to immigration that she is out of jail on bond awaiting trial. I know these type of felonies are the type that get a person deported. I am very concerned as to our wedding plans now. And am considering applying for a marriage certificate this upcoming week to ensure deportation will not happen before December our original wedding date. Also what will the process look like now will wedding even be possible? My fiance is a model citizen never had a single speeding ticket and has always done everything legally while she's been here in the states as far as visas. Does anybody have any advice on how we should approach this or have gone through a similar situation as we are very worried and are panicking as to what to do now. On a side note leaving the country will now be out of the question as well? We live in a border City and often cross into Mexico to visit her family any help is appreciated thank you.

[Harpa Timsah 13,258]

She has, as of right now, been charged and arrested, but not convicted. She should get a competent lawyer. All of your answers will depend on what happens at her trial.

[Mrtn89 2]

That is the first thing we are going to do is get a lawyer. But should we just go ahead and get married this week instead of waiting, to beat any dificulties that might arise? Or is it too late regardless of whether we wait ot not?

[Boiler 43,387]

Too late, your criminal lawyer needs to know that there is immigration issues.

[Rc123rc 528]

It's too late and a quick wedding now just makes it more suspicious. You're going to have to get a lawyer and sweat it out. After the trial, you'll have the rest of your answers. You can apply for a wedding license but it might be a waste of money. As far as leaving the country? No. That might be considered a flight from justice. Especially, if she is out on bail. The bail contract might have stated the does and don'ts including traveling out of state or country..

[markandrizzatyler 14]

I dont know how the justice system works in Tx , so this is in no way legal advice . If i was in your situation i would , at the arraignment hearing , plead not guilty . That puts the burden of proof on the state to prove their case . Depending on how many were arrested and how bad the situation was the state may not want to go through the process of prosecuting. However if they do your fiance has a clean record and by pleading not guilty that will allow her to speak directly to the judge that he may hear her side of the story. Many times the state will attempt to get a person to either plead guilty or no contest and when that happens the judge does not get to here her side of what happened. You will be at the mercy of the states recommendations . I would also keep your plans for the wedding just as they were . Like others have said you can get a good laywer , just beware of the tricks the state will attempt to get a conviction .

Edited September 25, 2016 by markandrizzatyler

[Rc123rc 528]

Absolutely DO NOT agree to guilty or non contest. Not Guilty should be the only answer and do not talk about the details of the situation publicly or a in forum. After the trial is done, you will need copies of the arrest records, trial notes and disposition of the case. If they arrested 50 people there is a good chance everything is going to get dropped. They can't afford the time, effort and money for something so trivial. The arresting office may not show up and testify. The arresting officer has to remember details and so on. Many factors. My only other advise is make sure your fiance limits her activities to ones where she has the least amount of chance for another problem.

[Mrtn89 2]

Thank you for the useful information so far! Is anyone familiar as to when immigration will get wind of this or how will that happen? When she was arrested and booked all she had on her was her state drivers license. She has a work social security number but she does not know it by memory so she did not provide it. Is it safe to assume immigration already knows she has been detained and charged? Or is this still pending until the Arrangement hearing? I guess I am asking if she were to leave the country would anything even show up in the system upon reentry yet?

[Rc123rc 528]

You keep asking about leaving the country. Don't do it under any circumstances until this is cleared up. It doesn't matter if Immigration got wind of it or not. Chances are they will. Maybe you are thinking about a cross border holiday trip or something but I strongly suggest you reconsider.

http://www.hvcc.edu/international/arrests.pdf

[Amadia 711]

Hi,

Your situation is unfortunate but the other members have given you excellent advice.

Do not attempt to leave the state.

Everything that happens to a person regarding the law is shared on many applications used by law enforcement including immigration officials; one search of your fiance's name could show the arrest/charge for that incident so they have ways of knowing.

Do not jump to marry quickly because of this; everything you do may seem like an act of desperation which may create further issues for your immigration process.

Finally, like Harpa said, get a COMPETENT attorney. All may seem ready and willing to help but you have to determine who can successfully get you both thru this situation with minimal effect on your immigration process.

All the best of luck to you both.

[Harpa Timsah 13,258]

Do NOT leave the country. They can argue she is fleeing justice.

You keep thinking she will get deported, why? Deportation costs like $30k a person, do you think the Feds want to spend that money to deport her? This is a state case, isn't it?

On the one hand it sounds like she got caught up in a big crowd and the police starting handing out arrests en masse.

You say she was "considered" resisting arrest or whatever. But the way you act it's like she is a criminal mastermind that WILL get deported. You don't have to explain yourself here, but i am not sure if this is just ignorance or if you are hiding a part of the story.

Get a good lawyer, plead not guilty.

[Cathi 5,607]

with a pending felony case why would she even consider leaving the country?

[Rc123rc 528]

with a pending felony case why would she even consider leaving the country?

I can think of a couple and I believe there is more to the story we are not hearing. However we are all saying the same. Drop the idea of any out of state or country travel. Get a competent lawyer.

[Beth & Achraf 328]

Do not leave the courtry, contact attorneys ASAP, Criminal attorney and a Immigration Attorney.

[Mrtn89 2]

Thanks for everyones help and input on the issue! Specially to markanddrizztyler, rcripps and Amadia for staying spot on when answering questions! A couple of things if like to mention in case anyone finds themselves on a similar situation. After speaking to an immigration lawyer, there is no legal reason for a person not to travel in my fiancees sittiation. There will most likely be problems at an airport that most officers will create and thus travel will be delayed but other than that she is free to move in and out of the country even since there is no conviction as of yet. Innocent until proven guilty. Many reasons exist for leaving the state or even the country, such as visiting home. It most likely will be a hassle but they cannot legaly detain you unless you have been found guilty of a charge or are fleeing justice. One thing to add is that the bond company does have to know you are traveling and even provide a letter stating their knowlege. Which any bond company should inform you when getting setup. Due to my fiancees clear record, both attorneys we spoke to, criminal and immigration, state the case shouldnt be escalated and regarding marriage stated to get married whenever we feel like it. Hopefully this info will help others down the line and thanks for everyone who provided useful input!

Edited October 5, 2016 by Mrtn89