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Posted (edited)

Hi, 

I was arrested on memorial day for dv falsly accused by my husband. Husband was drunk. Acting crazy as usual, he was arrested months ago and I was the victim the police they found out months ago he was drunk taking toxic product. same senario happened 5days ago, didn't know how to stop him, the neighbor saw me taking my paperwork from the hall  I asked for help police was called and not sure why I was arrested and not him, I showed the police the bruises in my arms, i have a court date. Not sure what to do. 

Should I wait till the court date (next week) and hope nothing happens?  I think the police didn't dismiss the case

Or should I hire a private lawyer to see what they can do now? 

Thanks for help 

Edited by Lailar

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Can consult an attorney, but just go to court as required. All you can do realy.


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From sending of I-129F petiton to POE - 146 days.

 

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02/24/2017 - AOS packet sent

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Posted (edited)
13 minutes ago, Ben&Zian said:

Can consult an attorney, but just go to court as required. All you can do realy.

Thanks for your answer, don't you think if I go to court it will be too late and may be DA already they  have charges me. And it will be difficult to dismiss the case by then?

Edited by Lailar
I don't want to be surprised in the court day that I have charges, by then a public defender will assigned for me, and same time I don't have enough money to hire lawyer now I'm in hotel

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Posted (edited)
6 minutes ago, Lailar said:

Thanks for your answer, don't you think if I go to court it will be too late and may be DA already they  have charges me. And it will be difficult to dismiss the case by then?

 

That's entirely up to the DA honestly. A lawyer won't call them and get them to change their minds. Just going to court doesn't necessarily mean they are going to charge you, or if they did, that it would be a felony. Could be dropped to simple "assault" without the DV title which could just be a simple fine honestly. It truly is in the DA's hands now, but again that is why you could consult a lawyer and they could definitely inform you of the possibilities and outcomes. Again you still may get to speak your peace in court which could result in a complete dismissal, but obviously regardless of what you do, you have to go to that court date. Missing it or skipping it would be an automatic bench warrant by the judge for your arrest.

 

To note, again even if the DA does want to seek charges, it's up to the judge honestly who 'hands out' the punishment. 

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif     giphy.gif

 

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I have talked to the police after the arrest and someone looked at the case and told me it's not good idea to talk to the police was advised to hire a lawyer or public defender that's why I don't feel good about the case. I can't sleep, it's second arrest with same husband. 

While consulting the lawyers I found out the case is still open .!!

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4 minutes ago, Ben&Zian said:

 

That's entirely up to the DA honestly. A lawyer won't call them and get them to change their minds. Just going to court doesn't necessarily mean they are going to charge you, or if they did, that it would be a felony. Could be dropped to simple "assault" without the DV title which could just be a simple fine honestly. It truly is in the DA's hands now, but again that is why you could consult a lawyer and they could definitely inform you of the possibilities and outcomes. Again you still may get to speak your peace in court which could result in a complete dismissal, but obviously regardless of what you do, you have to go to that court date. Missing it or skipping it would be an automatic bench warrant by the judge for your arrest.

 

To note, again even if the DA does want to seek charges, it's up to the judge honestly who 'hands out' the punishment. 

Thanks do you mean it's not very necessary for me to spend 3000 or more for lawyer for now? And of course I will go to court and if they charge me do you think still I will have time in order to dismiss the case? I don't want to be convicted . Who is going to help me to not be charged after the court day?the public defender or private lawyer? Thank you one more again

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1 minute ago, Lailar said:

Thanks do you mean it's not very necessary for me to spend 3000 or more for lawyer for now? And of course I will go to court and if they charge me do you think still I will have time in order to dismiss the case? I don't want to be convicted . Who is going to help me to not be charged after the court day?the public defender or private lawyer? Thank you one more again

 

You should be able to have a public defender I believe even for this case. But the choice is up to you on the private lawyer or not. Honestly any DV accusation, to be honest even without an arrest can still, as you are now, result in a court date if the DA did decide to take you to court over it. Yes they can even if you weren't arrested... won't go into details but have personal experience of this, luckily the DA didn't follow through so... I'd do whatever works best for you and your sanity in the matter.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

giphy.gif     giphy.gif

 

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If this is your second arrest. Do not go to court without a lawyer.

 If you have the money get a lawyer that  can help with the charge but one that will know the immigration aspects of the charge. A public defender may not have a clue about how it can damage your status. 


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35 minutes ago, Ontarkie said:

If this is your second arrest. Do not go to court without a lawyer.

 If you have the money get a lawyer that  can help with the charge but one that will know the immigration aspects of the charge. A public defender may not have a clue about how it can damage your status. 

Yes it's a second arrest with same husband. I talked to a different lawyer and he asked for 1500 now and in 30days another 1500 plus more if I want to fight the TRO, the first lawyer I have seen asked for 3000 now to work on the felony case now. Really I'm scared  if the DA charged me . And for some reason I feel like if I hire a lawyer he/she may represent my case now before the DA decide 

 

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4 minutes ago, Lailar said:

Yes it's a second arrest with same husband. I talked to a different lawyer and he asked for 1500 now and in 30days another 1500 plus more if I want to fight the TRO, the first lawyer I have seen asked for 3000 now to work on the felony case now. Really I'm scared  if the DA charged me . And for some reason I feel like if I hire a lawyer he/she may represent my case now before the DA decide 

 

Do either of those lawyers you spoke with know anything about immigration and what the charges mean to your status? 


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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As others have said, it is very important for you to retain the services of a qualified and competent attorney that can represent your interests in the likely court appearances, AND has the ability and experience to keep in mind the implications of the case(s) proceedings and outcome on your immigration status. 

 

Good luck on your immigration journey.


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2 hours ago, Lailar said:

I have talked to the police after the arrest and someone looked at the case and told me it's not good idea to talk to the police was advised to hire a lawyer or public defender that's why I don't feel good about the case. I can't sleep, it's second arrest with same husband. 

While consulting the lawyers I found out the case is still open .!!

Don't talk to the police, Hire a lawyer

 

If you don't have the money then work a pay schedule with a lawyer, and don't hire just any lawyer, hire a lawyer who specializes in assault and family and domestic issues

 

I good lawyer is worth his weight in gold

 

 


ChickBoy

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2 hours ago, Ontarkie said:

Do either of those lawyers you spoke with know anything about immigration and what the charges mean to your status? 

I really didn't ask, 

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5 minutes ago, Lailar said:

I really didn't ask, 

It may be very important with regards to your immigration status. :idea:


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

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1 minute ago, Pitaya (火龙果) said:

It may be very important with regards to your immigration status. :idea:

Do you meant I should just ask the lawyer how the second arrest will effect my immigration status? Or the lawyer must be specialised in immigration? 

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