Criminal Law citations

[sajiv234]

I just received 2 non-traffic citations; one for public drunkedness the other for disorderly conduct(this was the lowest degree of misdemeanor). I am wondering how to plea. I was clearly drunk when I received the citation. The disorderly part I could possibly contest.

I am curently on an H1B. The easiest thing to do would be to plead guilty and pay off the fine but I am not sure this will affect the green card process. It seems that although they are more stringent on non-citizens both of these citations are not going to subject me to deportation as they probably do not consitute a crime of moral torpedtude.

My concern is that since this counts as multiple convictions am I subject to being deported??

Confused on how to proceed.

 

[freebird]

Would need more facts to think about a defense. You may want to talk to the prosecutor to request probation where the charge would be dropped if you complete the probation time without incident. That's my thought off the cuff.

Originally posted by sajiv234
I just received 2 non-traffic citations; one for public drunkedness the other for disorderly conduct(this was the lowest degree of misdemeanor). I am wondering how to plea. I was clearly drunk when I received the citation. The disorderly part I could possibly contest.

I am curently on an H1B. The easiest thing to do would be to plead guilty and pay off the fine but I am not sure this will affect the green card process. It seems that although they are more stringent on non-citizens both of these citations are not going to subject me to deportation as they probably do not consitute a crime of moral torpedtude.

My concern is that since this counts as multiple convictions am I subject to being deported??

Confused on how to proceed.

 

[sajiv234]

admission of guilt and probation

thanks so much for your help. I really appreciate this.

one you admit guilt can you still go on probation and get the charges dropped? This is also my 1st encounter with the law.

Is there a way to privately message you about the facts? Web trails these days..

 

[Michael Wechsler]

Re: admission of guilt and probation

Originally posted by sajiv234
thanks so much for your help. I really appreciate this.

one you admit guilt can you still go on probation and get the charges dropped? This is also my 1st encounter with the law.

Is there a way to privately message you about the facts? Web trails these days..

You may have to discuss these items with the prosecutor as to what is possible.

BTW, it is never a good idea to dispense with legal advice without an agreement, which is why discussing the facts openly here (which is not legal advice) works in this context. This is why we have a form here which people must fill out and agree to terms first or else there could be a question of giving legal advice and open one's self up to malpractice claims if they weren't able to obtain all the facts properly for an opinion.

 

[Michael Wechsler]

Re: admission of guilt and probation

Originally posted by sajiv234
thanks so much for your help. I really appreciate this.

one you admit guilt can you still go on probation and get the charges dropped? This is also my 1st encounter with the law.

Is there a way to privately message you about the facts? Web trails these days..

You may have to discuss these items with the prosecutor as to what is possible.

BTW, it is never a good idea to dispense with legal advice without an agreement, which is why discussing the facts openly here (which is not legal advice) works in this context. This is why we have a form here which people must fill out and agree to terms first or else there could be a question of giving legal advice and open one's self up to malpractice claims if they weren't able to obtain all the facts properly for an opinion.

 

[sajiv234]

Expunging arrest record

Thanks again. I agree with you and have sought professional legal advice and representation. I have found my citations were summary offences and do not affect immigration, even if I were to get convicted.

I had one more question about expungement. How do you go about expunging a summary offence in the state of Pennsylvania?
I realize it varies depending on the result of my hearing
Also is there an arrest record for a summary offence, and what is the process for expunging that?
..

 

[freebird]

Re: Expunging arrest record

Originally posted by sajiv234
Thanks again. I agree with you and have sought professional legal advice and representation. I have found my citations were summary offences and do not affect immigration, even if I were to get convicted.

I had one more question about expungement. How do you go about expunging a summary offence in the state of Pennsylvania?
I realize it varies depending on the result of my hearing
Also is there an arrest record for a summary offence, and what is the process for expunging that?
..

The rules regarding expungement vary from state to state. I saw this posted elsewhere here. The first thing would be to determine your local court. You could probably get some help speaking to the clerk of the court as to procedure. Here's what I found:

Eligibility for sealing your record varies between states and generally this is what you need to do:

(1) Apply in writing to the Court to seal the record
(2) The sentence needs to have been served
(3) The applicant isn't facing any new charges
(4) The applicant bears the burden to prove that requirements of probation have been fulfilled.

Regarding expungement, there may be additional requirements:
(1) In general, the majority of felonies cannot be expunged
(2) The majority of sex offenses are also not elegible for record sealing
(3) Record sealing usually applies to minors/juvenile offenses or misdemeanors
(4) If you are acquitted of a charge you can automatically have your records sealed
(5) Not all states are in agreement that sealed records cannot be used to increase a future sentence for a future crime.