Felony arrest

[Pitaya 2,576]

2 hours ago, Pitaya (火龙果) said:

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.

^^^^^^^^

THIS !!!

5 minutes ago, Lailar said:

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? 

 

[Lailar 0]

8 minutes ago, Pitaya (火龙果) said:

^^^^^^^^

THIS !!!

 

Thank you

I called back the lawyer & wanted to hire him with the very little money that I still have, I was ready to go to see him  today but he  said he will call the district attorney in an hour and will call me back to see if the DA took a decision yet, he called me and he said the DA still didn't get the report yet I think he meant from the police, and he fixed a time to see me on Monday morning  while this weekend I gather my proofs (I'm innocent), the thing is the lawyer will get on Monday $2000 and another $1000 after Monday the court date is Tuesday , that means if I just wait 24h after Monday I will know the decision without paying!!! I feel lost ...

[Pitaya 2,576]

What is the situation on the home front? Are you and your husband together or separated? Are you in a safe place?

 

No matter how your court case works out, the arrest, police charges, court documents, court outcome (win or lose), everything must eventually be reported to USCIS, either in the AOS process or ROC process or later... Then USCIS can then determine if you are eligible for continued residence in the country. 

 

Nor sure where you are in the immigration process. Here are the relevant instructions from Form I-485 AOS application that should be of concern for you,

Quote

11. Certified Police and Court Records of Criminal Charges, Arrests, or Convictions

You must submit certified police and court records for any criminal charges, arrests, or convictions you may have.

1. If you were EVER arrested or detained by a law enforcement officer for any reason anywhere in the world,including the United States, and no criminal charges were filed, you must submit:

   1. (1)  An original or certified copy of the complete arrest report; and

   2. (2)  Either an official statement by the arresting or detaining agency or prosecutor’s office OR an applicable court

      order that indicates the final disposition of your arrest or detention;

2. If you were EVER charged for any reason (even if you were not arrested) anywhere in the world, including the United States, you must submit:

   1. (1)  An original or certified copy of the complete arrest report; and

   2. (2)  Certified copies of BOTH the indictment, information, or other formal charging document AND the final

      disposition of each charge (for example, a dismissal order or acquittal order);

3. If you were EVER convicted or placed in an alternative sentencing or rehabilitative program (such as probation, drug treatment, deferred adjudication, or community service program) anywhere in the world, including the United States, you must submit:

   1. (1)  An original or certified copy of the complete arrest report;

   2. (2)  Certified copies of the following: the indictment, information, or other formal charging document; any plea agreement, whether in the form of a court filing or recording in a hearing transcript; and the final dispositionfor each incident (for example, conviction record, deferred adjudication order, probation order); and

   3. (3)  Either an original or certified copy of your probation or parole record showing that you completed themandated sentence, conditions set for the deferred adjudication, or rehabilitative program OR documentation showing that you completed the alternative sentencing or rehabilitative program; or

4. If you EVER had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record anywhere in the world, you must submit:

   1. (1)  An original or certified copy of the complete arrest report; the indictment, information, or other formalcharging document; any plea agreement, whether in the form of a court filing or recording in a hearing transcript; and the final disposition for each incident (for example, conviction record, deferred adjudicationorder, probation order); and

   2. (2)  A certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing thearrest or conviction.

You must disclose all arrests and charges, even if the arrest occurred when you were a minor. An adjudication of juvenile delinquency is not a “conviction” under U.S. immigration law, but a juvenile can be charged as an adult foran offense committed while a juvenile. If you were convicted as an adult, there is a conviction, regardless of whetheryou were tried before a criminal court or a juvenile court. An adjudication of juvenile delinquency could also be relevant to the exercise of discretion. If you claim that an arrest resulted in adjudication of delinquency, and not in a conviction, you must submit a copy of the court document that establishes this fact.

In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license. However, you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, orinjury to a person or property.

If you are not able to obtain certified copies of any court disposition relating to Items 11.A. - 11.D., please submit:

1. An explanation of why the documents are not available, including (if possible) a certificate from the custodian of

   the documents explaining why the documents are not available;

2. Any secondary evidence that shows the disposition of the case; or

Ref: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf , page 13.

 

You have unwittingly placed yourself right in the middle of a legal minefield. Your choice of competent legal counsel as has been described to you, could determine your continued freedom in the US (civil/criminal law), but also your continued residence in the US (immigration law). You need good help and advice and you need it soon. Do you have anyone that can help you?

 

 

Edited May 31, 2019 by Pitaya (火龙果)

[Loren Y 2,732]

You're all over the place here, I'm trying to figure it out. Are you going to court for the first case, or the recent arrest? I think you are going for the arainment where they will tell you the charges against you, assign council, and you will probably enter not guilty plea , it should take less than 10 minutes. This will buy you time to consult with your attorney and work things out. I suspect a plea deal at the worst, but you can maybe get it dismissed. After this your attorney will file a discovery to get all the reports and evidence, and know what path to take. You should have a few months before you go back to court for the second time, and this will give you the time you need to sort things out.

[mariposa2 24]

19 hours ago, Lailar said:

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 

Yes, you need an attorney, if you cannot pay for one you can get a public attorney. This happened to me and the case was dismissed and sealed. If you have the chance with your attorney present explain to the ADA that you are a victim of DV. Do not take any plea deals please. It's going to be ok.

[Lailar 0]

19 hours ago, Pitaya (火龙果) said:

What is the situation on the home front? Are you and your husband together or separated? Are you in a safe place?

 

No matter how your court case works out, the arrest, police charges, court documents, court outcome (win or lose), everything must eventually be reported to USCIS, either in the AOS process or ROC process or later... Then USCIS can then determine if you are eligible for continued residence in the country. 

 

Nor sure where you are in the immigration process. Here are the relevant instructions from Form I-485 AOS application that should be of concern for you,

Ref: https://www.uscis.gov/sites/default/files/files/form/i-485instr.pdf , page 13.

 

You have unwittingly placed yourself right in the middle of a legal minefield. Your choice of competent legal counsel as has been described to you, could determine your continued freedom in the US (civil/criminal law), but also your continued residence in the US (immigration law). You need good help and advice and you need it soon. Do you have anyone that can help you?

 

 

Husband  take advantage of this arrest to put move out restraining order on me, we were planning to move to different location this month, he put restraining order so he can move on his own, my whole stuffs are still there even if I ask someone to go with me to take some clothing still I can't take everything because I'm at hotel, and not sure what the leasing office do with my stuffs in this case.

[Lailar 0]

15 hours ago, Loren Y said:

You're all over the place here, I'm trying to figure it out. Are you going to court for the first case, or the recent arrest? I think you are going for the arainment where they will tell you the charges against you, assign council, and you will probably enter not guilty plea , it should take less than 10 minutes. This will buy you time to consult with your attorney and work things out. I suspect a plea deal at the worst, but you can maybe get it dismissed. After this your attorney will file a discovery to get all the reports and evidence, and know what path to take. You should have a few months before you go back to court for the second time, and this will give you the time you need to sort things out.

I'm not sure what do you mean by the arraignment, after the arrest (5days ago) I bailed out, and got a paper work with court date on it to show up at set date and time , 

Edited June 1, 2019 by Lailar

[Lailar 0]

4 hours ago, mariposa2 said:

Yes, you need an attorney, if you cannot pay for one you can get a public attorney. This happened to me and the case was dismissed and sealed. If you have the chance with your attorney present explain to the ADA that you are a victim of DV. Do not take any plea deals please. It's going to be ok.

Thanks, do you think it's worth it to pay 3000 dollar 24h + before the court date to lawyer  to consult on my case before the court time and show proofs that I'm the victim?  Sometimes I keep thinking about it and I think may be I should save this money til I see what they will tell me when I show up . Because I'm looking for a job and sitting at hotel.

The police they saw a video of husband having a knife on his hand  and  they didn't think he did anything with the knife ( he used it to brake my stuffs)and they saw bruises on my arms ( I showed them to police in police station) because I was under shock to show them before the arrest

[Loren Y 2,732]

2 hours ago, Lailar said:

I'm not sure what do you mean by the arraignment, after the arrest (5days ago) I bailed out, and got a paper work with court date on it to show up at set date and time , 

Yes, your first court appearance is the arraignment. The paperwork you have should have the charges you are facing. Should have like a CR421.83 " description of charge ( such as felonious assult) and the number of counts, probably 1 count, then the level of the charge such as F1-4 felony 1-4, or I think they have felony 5 in some jurisdictions. Or if your lucky it will be a M1-4 mistermeanor. But if you bailed out, they set the bail based on charges. Post the CR codes, or description here, and I can just about tell you exactly what's going to happen next. There are some variables because you said it happened before, so you have extinuating circumstances ( didn't you go to court the first time it happened? Or we're charges not pressed in that case?) If this is your first time to court for this, they will read the charges, explain the penalty, ask who your attorney is ,if you don't have one they will assign you a public defender, probably enter a continuance because you wouldn't have an attorney present, and set a new Court date for you to enter a plea.

Second court date they ask you how you decided to plea ( if there's a plea deal, it will be brought up) if not plead not guilty, and set a date for the trial. Going to trial is probably the last thing you want to do, unless you are dead certain you can prove beyond a reasonable doubt your completely innocent.( Your attorney can make that call) I don't know the facts of what happened, but definitely use either the public defender, or a decent attorney to help you with this, especially if it is a felony.

The US justice system is the most broken thing in this country, and I hate to say that. True you have actual rights and due process, but it rates up there as fun as immigration for time and costs to stay out of prison. But, it's what we got, and it's best to stay out of it as much as possible. Once you are in it, it's a vicious circle that never ends.

You should also be able to look up your charges online in the clerk of courts webpage, or call the bail bondsman if you used one, I guarantee they know the charges against you.

 

Edited June 1, 2019 by Loren Y

[mariposa2 24]

3 hours ago, Lailar said:

Thanks, do you think it's worth it to pay 3000 dollar 24h + before the court date to lawyer  to consult on my case before the court time and show proofs that I'm the victim?  Sometimes I keep thinking about it and I think may be I should save this money til I see what they will tell me when I show up . Because I'm looking for a job and sitting at hotel.

The police they saw a video of husband having a knife on his hand  and  they didn't think he did anything with the knife ( he used it to brake my stuffs)and they saw bruises on my arms ( I showed them to police in police station) because I was under shock to show them before the arrest

I used a public defender I didn't pay for attorneys fee. Try getting help from a domestic violence organization too. Abusers do this all the time! The blame the victim. Don't show up without an attorney and don't take any plea deal. This cases usually get dismissed specially if your ex doesn't cooperate with the ADA. Get an attorney! In NYC we have the Legal Aid Society.  Where are you located?

[mariposa2 24]

4 hours ago, Lailar said:

Husband  take advantage of this arrest to put move out restraining order on me, we were planning to move to different location this month, he put restraining order so he can move on his own, my whole stuffs are still there even if I ask someone to go with me to take some clothing still I can't take everything because I'm at hotel, and not sure what the leasing office do with my stuffs in this case.

Next time you go to court your attorney needs to ask the judge to give you access to the apartment so you can pick your stuff up. 

[Lailar 0]

2 hours ago, Loren Y said:

Yes, your first court appearance is the arraignment. The paperwork you have should have the charges you are facing. Should have like a CR421.83 " description of charge ( such as felonious assult) and the number of counts, probably 1 count, then the level of the charge such as F1-4 felony 1-4, or I think they have felony 5 in some jurisdictions. Or if your lucky it will be a M1-4 mistermeanor. But if you bailed out, they set the bail based on charges. Post the CR codes, or description here, and I can just about tell you exactly what's going to happen next. There are some variables because you said it happened before, so you have extinuating circumstances ( didn't you go to court the first time it happened? Or we're charges not pressed in that case?) If this is your first time to court for this, they will read the charges, explain the penalty, ask who your attorney is ,if you don't have one they will assign you a public defender, probably enter a continuance because you wouldn't have an attorney present, and set a new Court date for you to enter a plea.

Second court date they ask you how you decided to plea ( if there's a plea deal, it will be brought up) if not plead not guilty, and set a date for the trial. Going to trial is probably the last thing you want to do, unless you are dead certain you can prove beyond a reasonable doubt your completely innocent.( Your attorney can make that call) I don't know the facts of what happened, but definitely use either the public defender, or a decent attorney to help you with this, especially if it is a felony.

The US justice system is the most broken thing in this country, and I hate to say that. True you have actual rights and due process, but it rates up there as fun as immigration for time and costs to stay out of prison. But, it's what we got, and it's best to stay out of it as much as possible. Once you are in it, it's a vicious circle that never ends.

You should also be able to look up your charges online in the clerk of courts webpage, or call the bail bondsman if you used one, I guarantee they know the charges against you.

 

Thank you for the important info, the first arrest was dismissed  from the police I knew it was dismissed before I went for the first appearance, this happened years ago,   this time my  bail was high  50000 I will see the paper when I get where I'm  to see what level of felony, when I went to  the bail man one of the workets told  he think they will dismiss it not sure why he said this may be he say this to every body, I was arrested for no reason because simply  my "'spouse"' is true criminal, he made me looks like I'm criminal and I'm not 

Edited June 1, 2019 by Lailar

[Lailar 0]

1 hour ago, mariposa2 said:

I used a public defender I didn't pay for attorneys fee. Try getting help from a domestic violence organization too. Abusers do this all the time! The blame the victim. Don't show up without an attorney and don't take any plea deal. This cases usually get dismissed specially if your ex doesn't cooperate with the ADA. Get an attorney! In NYC we have the Legal Aid Society.  Where are you located?

Thanks for your answer What do you mean don't take any plea deal ?

Edited June 1, 2019 by Lailar

[Loren Y 2,732]

23 minutes ago, Lailar said:

Thanks for your answer What do you mean don't take any plea deal ?

I saw this also, this is where the attorney comes into play. Hopefully it will get dismissed, and no issues, but if the prosecutor wants to prosecute, you have to do the best thing possible. It's a ####### shoot really. Saying don't take a plea deal no matter what is not the best advice. Every case is different. Any public defender or attorney can help with this decision. Let's say they offer to drop it to a mistermenor ( a low level one with no impact on your immigration status) it might be worth considering. The flip side is you take it all the way to trial and fight everything, it's a roll of the dice, you lose, you're going to take the full hit on the charge, felony charge with jail time and probation, and kiss naturalization goodbye. Like I said before, the system is far from perfect, and I know for a fact innocent people have suffered, but it's a system you have to roll with and do what is best for you. 

The bail bondsman saying it might be dismissed is a good sign because next to an attorney they see what happens every day in the court house in your jurisdiction, so I would consider that a good sign. I would go to court, get them to assign you a public defender to start, and if you think he isn't looking out for your best interest, you are welcome to switch attorney at any time and go get the high dollar one if you think that would be beneficial. Like others have suggested their may be a legal aid center in your city, I used one here in Vegas when I had to sue the hell out of a business, and with their help I filed and won my case without an attorney at all. This was a civil matter, way different than criminal, so take that into consideration. I wish you the best of luck, it's a nightmare for sure, but it sounds like you should be able to get it dismissed, but that is for someone familiar with the system to make that call.

[Lailar 0]

14 hours ago, Loren Y said:

I saw this also, this is where the attorney comes into play. Hopefully it will get dismissed, and no issues, but if the prosecutor wants to prosecute, you have to do the best thing possible. It's a ####### shoot really. Saying don't take a plea deal no matter what is not the best advice. Every case is different. Any public defender or attorney can help with this decision. Let's say they offer to drop it to a mistermenor ( a low level one with no impact on your immigration status) it might be worth considering. The flip side is you take it all the way to trial and fight everything, it's a roll of the dice, you lose, you're going to take the full hit on the charge, felony charge with jail time and probation, and kiss naturalization goodbye. Like I said before, the system is far from perfect, and I know for a fact innocent people have suffered, but it's a system you have to roll with and do what is best for you. 

The bail bondsman saying it might be dismissed is a good sign because next to an attorney they see what happens every day in the court house in your jurisdiction, so I would consider that a good sign. I would go to court, get them to assign you a public defender to start, and if you think he isn't looking out for your best interest, you are welcome to switch attorney at any time and go get the high dollar one if you think that would be beneficial. Like others have suggested their may be a legal aid center in your city, I used one here in Vegas when I had to sue the hell out of a business, and with their help I filed and won my case without an attorney at all. This was a civil matter, way different than criminal, so take that into consideration. I wish you the best of luck, it's a nightmare for sure, but it sounds like you should be able to get it dismissed, but that is for someone familiar with the system to make that call.

Thank you, the paper show felony arr  1/1 and numbers starting with 251..A.  . I think I should find another lawyer who can work with me to show I'm Innocent (with  proofs I have) with less price, the first lawyer was the director of operations who asked for 3000 and someone from his office is the one who will work with me, if I pay 2000 a d later on 1000 I will be in risky situation yo be in street.