Lailar

14 minutes ago, debbiedoo said:

you can call the police department and they will escort you to get your personal belongings. he can not keep them from you. 

 

 

Thanks for your  answers, I was planing to go there tomorrow morning with officer, but that paper (camera on)  confused me, I think I should call them and go there today, and later on figure out how to get the rest. 

Just now, Jorgedig said:

Do you have any friends or family in the US?

Unfortunately no one. I was just dealing with drug addict man, dealing with the abuse. No time to find friends,  I will try to see if I can rent at the same complex were Im  for the last 5 years, if he is not moving  I will need to take my name as his roommate and be in my own

5 minutes ago, abdo1 said:

what is TRO means ? are you petitioner or beneficary ? 

Yes temporary restraining order, I was beneficiary 5 years ago

1 minute ago, Jorgedig said:

Can you call the local non-emergency line (not 911) and ask if they could have an officer present while you remove your belongings?

I will call them, and see at least if I can have something's, and if he is there I will ask that I will return, as I have no car now just in hotel,  and of course I need a place to live at before I move everything, I thought he is moving soon as we were looking for appt before, but he looks like he is not moving and not letting me staying there. 

Hi, now husband trying to harm me financially and emotionally, he did put a TRO on me based on fake arrest, I had to stay in hotels for 3 weeks, yesterday judge denied the RO, he didn't grant him permanent one, husband was mad about it. I didn't want to go home to avoid his abuse,  I had to pay for yesterday night and today in hotel.

Today I went to the  lease management office to see if I can move somewhere in the same building as I have no job right now, too difficult to rent in different area.  And too difficult to keep paying for hotels.  Today While I was there his car was not there I entered to my appt in order to get some clothing, the house was in a big mess, I had to leave quickly before he show up, while I was leaving I saw a paper where he is writing "you are on a camera"!!!  Not sure if it was there since the RO was in effect  or  he just write it thinking  if I show up after the TRO  I will be arrested, I'm not because I called the police they said I will be fine.

What do you suggest i should do, I have a lot of stuffs that I still need, I'm not sure how to retrieve my things? where to more? And what to do?

Thanks for help 

21 hours ago, Loren Y said:

Definitely try to visit a legal aid center, I would take the advice to hold on to your money. If you show up and explain you are not familiar with how the legal system works, the first appearance really nothing will happen. They will assign you an attorney and then buy you some more time to get a game plan together. I'm shocked that from the numbers you posted it's a F1 and one count. F1 is the highest felony you can be charged with, so very not cool. That lumps you in with some serious prison time and penalties. Definitely don't plead guilty to that charge, you will definitely get to stay in the US, but it will be in prison. That explains why it was a 50,000 dollar bond, that had me worried from the start because that was really a high amount. Show up to court, and get an attorney assigned to you, and fo from there. This is going to be a long road, and not over easy, but if your innocent, and have the proof, you will be ok. Sounds like you were taken advantage of in a way as you are not aware of how the legal system works here. I seriously doubt they will get that charge to stick, it would have to have been premeditated and planned out to get an F1 level. Sounds like they bumped up the charge to start high. I see it all the time, you get stopped for speeding, then the cops like oh, no front plate, your window tint is too dark, looks like a taillight out, and you walk away with 4-5 charges on a ticket. Of course most get thrown out, and only the speeding sticks, but it looks good on the officers record that he wrote 4-5 violations instead of 1.  Definitely try and get some help, maybe check with a few other attorneys, most offer a free consultation, and I'm sure a legal aid center can recommend a good one that will take payments. Definitely don't try this one on your own, that's a pretty serious charge to be facing.

Where did you see F1?

3 minutes ago, mariposa2 said:

PM @Sandraj she will give you the best advises. If I was you I would use a public defender, you need the money you have to survive. Explain your attorney your immigration situation. 

 

 I'm not sure really what to do if a lawyer will represent me with less I can do it, but I see that the case will may be be dismissed hopefully because the police  officer at the day of arrest was making sure that I'm not going to be convicted. I didn't know how to talk and show I'm innocent at the moment when police was asking till I got arrested I was under big very big shock specially when I knew that he told them I bited him, hhhhh, he was super scared to be arrested at point  he did the impossible to makes me go, I just have one day to see what can I do:

_Spend money for lawyer and be in a tough financial situation 

_or just wait till Tuesday and see and ask for public defender  but I  will feel super bad because no one listened to me

-or look for cheapest lawyer now &don't go to the first one (asked for 3000)

_or just go tomorrow to  dv organisations to see if they accept giving me help

I have no idea what to do. 

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. 

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 ?

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 

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

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 , 

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.

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 ...

1 minute ago, Pitaya (火龙果) said:

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

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? 

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, 

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 

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

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 .!!

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?

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