Criminal Proceeding?

[US2UK 33]

I'm getting ready to send off my AOS tomorrow, and was just reviewing all the paperwork.

 

Form I-485 has a question that asks:

Q29: "Have you EVER been a defendant or the accused in a criminal proceeding (including pre-trial diversion, deferred prosecution, deferred adjudication, or any withheld adjudication)?"

 

I'm not sure whether to answer yes or no because.. In march 2019, during a verbal argument, my roommate called the police and made a false allegation of battery against me. The police came and verbally arrested me (they didn't put me in handcuffs and I was allowed to move around my home). My roommate had been taking a video on her phone at the time of the alleged assault (without my knowledge) and the police reviewed that. They also spoke to our other 2 roommates who were with us during the time of the alleged assault and they told police officers that the allegation was a lie. Furthermore, the roommate who accused me had no injuries what so ever on her body.

 

So the police de-arrested me as they said that there was no video or physical evidence to support the arrest, as well as no independent witnesses. There was no further action taken, and this does not show up on my ACRO police certificate or even a subject access request.

 

Of course, on the form I have answered Q25 asking "have you ever been arrested .... etc" as yes, and have provided a statement and also my police certificate. 

Based on the above should I answer Q29 with a yes or no?

[JFH 12,190]

Sounds like it’s a “no”. You were arrested but there was no proceeding.

[US2UK 33]

10 minutes ago, JFH said:

Sounds like it’s a “no”. You were arrested but there was no proceeding.

Thanks for the help! Out of interest, how did you determine what a criminal proceeding is defined as? 

[NancyNguyen 1,657]

You have to be charged and go to a court of law.

[designguy 1,179]

It sounds more like you were detained rather than arrested

[US2UK 33]

1 minute ago, NancyNguyen said:

You have to be charged and go to a court of law.

In order for it to be a criminal proceeding?

[NancyNguyen 1,657]

Just now, US2UK said:

In order for it to be a criminal proceeding?

Yes, the police just told you to stay still while they went inside to investigate.

[US2UK 33]

Just now, designguy said:

It sounds more like you were detained rather than arrested

Yup I definitely 100% agree. And the police officers told me I would never need to report it as they essentially "cancelled" the arrest and it wouldn't go on my record at all.

 

However, just to avoid any issues with immigration, I have been disclosing details as the words "we are arresting you" were used, even if they did later cancel it. Just to be on the safe side!

[US2UK 33]

1 minute ago, NancyNguyen said:

Yes, the police just told you to stay still while they went inside to investigate.

Ok got it...

 

So it basically goes arrest > charged > criminal proceeding (i.e. court, or the things mentioned above such as pre-trial diversion, deferred prosecution, etc). 

 

thanks for all the help everyone! 🙂 

[JFH 12,190]

You only go to criminal proceeding if you have been charged and you are going to appear before a judge. 

[SalishSea 17,928]

2 hours ago, US2UK said:

In order for it to be a criminal proceeding?

Criminal proceeding would be a formal process, like an arraignment.

[1MARLEN 5]

Criminal Proceeding Law and Legal Definition. Criminal proceeding is a proceeding in court in the prosecution of a person charged or to be charged with the commission of a crime, contemplating the conviction and punishment of the person charged or to be charged.

 

- The short simple answer, Were you arrested on a criminal charge, did you appear in court where you or an attorney represented/defended you against said criminal charge?

 

From what you has said the answer is - No 

 

Also from your explanation, you were not actually arrested. You were verbally detained while the police officer gather enough information to determine whether to arrest you or not. 

Edited May 21, 2020 by 1MARLEN

[Beth & Achraf 328]

18 hours ago, US2UK said:

I'm getting ready to send off my AOS tomorrow, and was just reviewing all the paperwork.

 

Form I-485 has a question that asks:

Q29: "Have you EVER been a defendant or the accused in a criminal proceeding (including pre-trial diversion, deferred prosecution, deferred adjudication, or any withheld adjudication)?"

 

I'm not sure whether to answer yes or no because.. In march 2019, during a verbal argument, my roommate called the police and made a false allegation of battery against me. The police came and verbally arrested me (they didn't put me in handcuffs and I was allowed to move around my home). My roommate had been taking a video on her phone at the time of the alleged assault (without my knowledge) and the police reviewed that. They also spoke to our other 2 roommates who were with us during the time of the alleged assault and they told police officers that the allegation was a lie. Furthermore, the roommate who accused me had no injuries what so ever on her body.

 

So the police de-arrested me as they said that there was no video or physical evidence to support the arrest, as well as no independent witnesses. There was no further action taken, and this does not show up on my ACRO police certificate or even a subject access request.

 

Of course, on the form I have answered Q25 asking "have you ever been arrested .... etc" as yes, and have provided a statement and also my police certificate. 

Based on the above should I answer Q29 with a yes or no?

You were detained,  not arrested.       They never took you to the station, you didn't have to post bail, you never appeared in front of a Judge.    You were NOT arrested.