Criminal Law misdemeanor class 3 being charged

[sunilrajan]

I need some help from the people who know about this type of cases, I am being charged for misdemanor for lying to police officer, the case is my wife got into minor accident while she was driving and she was so afraid that she wasnt willing to talk to police so i took the case on myself being the driver and someone testified that she was driving now the officer is charging me misdemanor class 3, I dont know what it is and how will it affect my green card, is ther any way to avoid it, the accident was caused by the fault of other party, but i dont think it matters for my case though.

Please help me out.

 

[sunilrajan]

I need some help from the people who know about this type of cases, I am being charged for misdemanor for lying to police officer, the case is my wife got into minor accident while she was driving and she was so afraid that she wasnt willing to talk to police so i took the case on myself being the driver and someone testified that she was driving now the officer is charging me misdemanor class 3, I dont know what it is and how will it affect my green card, is ther any way to avoid it, the accident was caused by the fault of other party, but i dont think it matters for my case though.

Please help me out.

I would like to add that she had the permit and i was with her and she was on insurance too.

 

[NYClex]

it would help to know what exactly the charge is, in what state and what is the penal code section.

 

[sunilrajan]

I havent got the court papers yet, but the charges seems to be for providing false information to law enforcement (gave my license instead of spouse's), state is PA.

 

[NYClex]

Then probably it will be a charge under § 5105 of the PA Code:

§ 5105. Hindering apprehension or prosecution.
(a) Offense defined.--A person commits an offense if, with intent to hinder the apprehension, prosecution, conviction or punishment of another for crime or violation of the terms of probation, parole, intermediate punishment or Accelerated Rehabilitative Disposition, he:


harbors or conceals the other;
provides or aids in providing a weapon, transportation, disguise or other means of avoiding apprehension or effecting escape;
conceals or destroys evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence;
warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law; or
provides false information to a law enforcement officer.

(b) Grading.--The offense is a felony of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a felony of the first or second degree. Otherwise it is a misdemeanor of the second degree.

So it could be a charge for a second degree felony which carries a maximum sentence of 2 years in prison. (It looks to me though as if the website where I found the code has made a mistake, since the second degree is the more serious degree of misdemeanor)

This could be tricky. Obstruction of justice can be interpreted as a crime of moral turpitude and an alien is deportable if he is convicted of a such a crime within 5 years of admission and which carries a possible maxumum sentence of a year or more.

Even a charge with a third degree misdemeanor carries the same risk, if it is a crime of moral turpitude.

So, if you are charged with either a second or a third degree misdemeanor for this and it is within 5 years of your original admission you should consult a criminal defense attorney who is experienced in immigration matters or should consult both a criminal defense attorney who is willing to work with an immigration attorney and that immigration attorney. The objective would be to try to avoid being charged with a crime of moral turpitude.

 

[sunilrajan]

I got my papers, I am charged under section 4906 b (2) misdemanor 3, count 1. Dont know much but this is all I got,

 

[NYClex]

This is the law:

§ 4906. False reports to law enforcement authorities.
(a) Falsely incriminating another.--A person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree.

(b) Fictitious reports.--A person commits a misdemeanor of the third degree if he:

reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur; or
pretends to furnish such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.

Interesting choice of charge. The problem though remains the same: This crime probably will be considered a crime of moral turpitude and under § 1104 of the Pennsylvania Code it carries a maximum sentence of one year.

Under Article 237 of the Immigration and Naturalization Act an alien is deportable if convicted of such a crime within 5 years of admission:

(2) Criminal offenses.-

(A) General crimes.-
(i) Crimes of moral turpitude.-Any alien who-

(I) is convicted of a crime involving moral turpitude committed within five years (or 10 years in the case of an alien provided lawful permanent resident status under section 245(j)) after the date of admission, and

(II) is convicted of a crime for which a sentence of one year or longer may be imposed.

Therefore I advise to proceed as I said and obtain legal representation

 

[sunilrajan]

This is the law:



Interesting choice of charge. The problem though remains the same: This crime probably will be considered a crime of moral turpitude and under § 1104 of the Pennsylvania Code it carries a maximum sentence of one year.

Under Article 237 of the Immigration and Naturalization Act an alien is deportable if convicted of such a crime within 5 years of admission:



Therefore I advise to proceed as I said and obtain legal representation

I am gettign a legal consultation, but are there any chances that the charges could be changed?

 

[NYClex]

That depends on the circumstances of the case. Your lawyer will know more

 

[sunilrajan]

Update on the case

Here is the update on the case, We went to the court and my lawyer, officer and judge discussed and the case was dismissed, ther was no conviction, no finger printing etc. I didn't even go in the magistrates office. We were out in a while, now I had the charges but wasn't convicted for it.

Immigration form asks.

Have you ever, in or outside the United States:

b. been arrested, cited, charged, indicted, fined or imprisoned for breaking or violating any law or ordinance, excluding traffic violations?

Should i say Yes in this situation, lawyer said me to put in yes and explain there was no conviction. I dont know how the INS treats it, I shouldn't be on their databse either [not sure just a guess as I was not finger printed]. Should I get any documents related to the case. If yes how to do it. Please help me.

Thanks for the help.

 

[sunilrajan]

One more question to ask, I am planning to go back to home country by the mid of next year, and come back I have the visa, but should I carry something with me, would there be any sort of problems.

 

[NYClex]

Yes, you should do what your lawyer says. The USCIS does not like at all when people lie on their applications, so you better put a "yes" there. Be prepared to explain the disposition of the case. Also, on trips, it cannot hurt to take copies of the court paperwork in case you might be denied entry.