Dear Sir or Madam:
I am from Armenia. I live in Yerevan, Republic of Armenia capital. I was in Atlanta, Georgia in summer of 1998 and on July 6 I was arrested for shoplifting in Kmart. I was taken to Atlanta City Detention Center. Then a friend of mine on July 10 made a bail bond for about 1200$ and I was released from the jail. I had a court date assigned. When I went to the first court with my public defender, the decision was made to postpone my hearing to the State Court of Fulton County. I was assigned a State Court date. It was scheduled on February 4, 1999. But my visa expiration date was in October. I contacted the Council on International Educational Exchange, which was my Student Exchange Program Sponsor, and told them what happened. They told me that there is no way to extend my visa. I went to the State Court and ask the clerk for changing my court date, but they could not change it. I didn't know that I had to contact INS to extend my visa. So, at the end of October I went back to Armenia, which means I did not appear in court. In summer 1999 I again came to the US without any problems with the Embassy and INS and worked there until November and went back to Armenia again.
In October 2002 I have applied for a visa in the US Embassy, but my visa was rejected. They checked my name in the computer and told me that I was arrested in the US and did not appear in court that is why I will not be able to visit US during my whole life.
Here is all my personal information that I can provide you:
1. First Name: XXXXX
2. Last Name: XXXXXX
3. My Location: XXXXXXXXXX, Republic of Armenia
4. Date of Birth: April 12, 19XX
5. Social Security Number: XXX-XX-XXXX
6. Georgia ID and/or Driver's License Number: XXXXXXX (expired)
7. Date of Arrest: July 6, 1998
8. Place of Arrest: K Mart
K Mart
2581 Piedmont Rd NE Ste B2800
Atlanta, GA 30324
Phone (404) 261-XXXX
9. Jail details:
Department of Corrections
254 Peachtree Street, SW
Atlanta, Georgia 30303
Phone (404) 865-8001
Fax (404) 658-6064
10. City of Atlanta Case Number: XXXXXXX
11. Case Description: I was arrested for theft by shoplifting (misdemeanor amount) and my case was sent to Fulton County State Court
12. Bail Bond Number: XXXXXX
13. Bail Bond Amount: 1200$
14. Bail Bondsman: XXXXXXX
15. Bail Bondsman e-mail address: XXXXXXXXXX
16. Court details:
Fulton County State Court
Phone: (404) 730-5000
185 Central Ave SW
Atlanta, GA 30303
17. Court Case Number: XX-XX-XXXXXX
18. Scheduled court date: February 4, 1999
19. Judge name:
Chief Judge Albert L. Thompson
State Court of Fulton County
T3955 Justice Center Tower
185 Central Avenue, SW
Atlanta, GA 30303-3643
20. This is my first offence!
21. My passport details:
Type: P
Country Code: ARM
Passport No.: XXXXXXXXXXX
Nationality: Republic of Armenia
Date of Birth: 12 April 1972
Place of Birth: Republic of Armenia
Date of Issue: 21 Aug 1997
Date of Expiry: 21 Aug 2007
Authority: 006
22. E-mail address: XXXXXXX
23. Phone: +(374 1) 640 XXX (Home), +(374 9) 508 XXX (Cell)
24. Mailing address:
XXXXXXXXXX
XXXXXX, Armenia
375070
I have contacted several attorneys at Georgia Bar and found one that helped me.
Mr. XXXXXXXX
Age: 62
Attorney at Law
Georgia Bar Number XXXXXX
P. O. Box 52701
Atlanta, GA 30355-0701
Phone: 404-320-XXXX
Fax: 404-320-XXXXX
E-Mail: gXXXXXXXXXX@aol.com
Admit Date: 01/01/1971
Law School: University of North Carolina
Status: Active Member in Good Standing
He negotiated plea in absentia and I signed and sent the form below
In the State Court of Fulton County State of Georgia
State
vs.
XXXXXX Case No. XXXXXX
Plea In Absentia
I, the undersigned, hereby certify that I am the same XXXXXXXXn the above-stated case.
It is my understanding that a formal accusation was filed against me on October 19, 1998, that my case was on the calendar of Judge A. L. Thompson on February 4, 1999, and that since I failed to appear my bond was forfeited and a bench warrant was issued for my arrest.
I am advised by my attorney, XXXXXXXXXX, Georgia Bar Number XXXXXX, that I may be allowed to enter a plea in absentia through my attorney and that the sentence may be payment of a fine of $300.00 plus court costs of $60.00, a total of
$360.00.
I understand that this proposal is not necessarily binding upon the Court and that a fine of $1,000.00 and a jail sentence of up to twelve (12) months could be imposed.
I hereby authorize my attorney to enter a plea of guilty (and if permitted as a
first-offender) or if allowed a plea of nolo contendere to the foregoing charge and hereby waive my present accordingly.
My attorney has fully explained to me the following rights which I understand and which I waive:
1. The right to a trial with or without a jury;
2. The right to confront and cross examine witnesses.
3. The right to present witnesses and evidence in my behalf.
4. The right to examine all physical and documentary evidence.
5. The right to remain silent
6. The right to have free counsel appointed to represent me if I am indigent.
7. The right to appeal to a higher court except in certain limited circumstances.
8. The right to require the State to prove its case against me beyond a reasonable doubt.
I have not been threatened or promised anything in return for entering this plea
(except for the State's recommendation).
I understand that if the Court does not accept the State's recommendation that
my attorney is authorized to withdraw any plea entered pursuant hereto.
______________________________________
XXXXXXXXXXX
Sworn to and subscribed
before me this _____ day of
_______________, 2003.
_____________________________
NOTARY PUBLIC (Or equivalent
official under Armenian jurisdiction)
On March 20, 2003 I got Final Disposition on Misdemeanor Sentence in the State Court of Fulton County – Criminal Division
XXXXXXXX R-217722
Theft by Shoplifting
Plea: nolo contendere on A
It is considered ordered and adjudged by the court that the above named defendant on count:
Total owed to court $362.50 paid a fine and be confined for a period of 12 months
All sentences listed above are hereby reduced to time served:
Provided that the confinement specified shall be suspended on A
Later on November 7, 2003 I have applied for Arrest Record Expungement, but my request was denied.
Please, if it is possible, give answers to my questions:
1. Will I be allowed to visit or immigrate to the US in the future?
2. How will it affect my visit or immigration to the following countries: Canada, New Zealand, Australia and Europe?
3. How could you define my current situation: is it bad?
4. Will my situation influence future employment?
Thank you in advance.
Sincerely,
XXXXXXX
I am from Armenia. I live in Yerevan, Republic of Armenia capital. I was in Atlanta, Georgia in summer of 1998 and on July 6 I was arrested for shoplifting in Kmart. I was taken to Atlanta City Detention Center. Then a friend of mine on July 10 made a bail bond for about 1200$ and I was released from the jail. I had a court date assigned. When I went to the first court with my public defender, the decision was made to postpone my hearing to the State Court of Fulton County. I was assigned a State Court date. It was scheduled on February 4, 1999. But my visa expiration date was in October. I contacted the Council on International Educational Exchange, which was my Student Exchange Program Sponsor, and told them what happened. They told me that there is no way to extend my visa. I went to the State Court and ask the clerk for changing my court date, but they could not change it. I didn't know that I had to contact INS to extend my visa. So, at the end of October I went back to Armenia, which means I did not appear in court. In summer 1999 I again came to the US without any problems with the Embassy and INS and worked there until November and went back to Armenia again.
In October 2002 I have applied for a visa in the US Embassy, but my visa was rejected. They checked my name in the computer and told me that I was arrested in the US and did not appear in court that is why I will not be able to visit US during my whole life.
Here is all my personal information that I can provide you:
1. First Name: XXXXX
2. Last Name: XXXXXX
3. My Location: XXXXXXXXXX, Republic of Armenia
4. Date of Birth: April 12, 19XX
5. Social Security Number: XXX-XX-XXXX
6. Georgia ID and/or Driver's License Number: XXXXXXX (expired)
7. Date of Arrest: July 6, 1998
8. Place of Arrest: K Mart
K Mart
2581 Piedmont Rd NE Ste B2800
Atlanta, GA 30324
Phone (404) 261-XXXX
9. Jail details:
Department of Corrections
254 Peachtree Street, SW
Atlanta, Georgia 30303
Phone (404) 865-8001
Fax (404) 658-6064
10. City of Atlanta Case Number: XXXXXXX
11. Case Description: I was arrested for theft by shoplifting (misdemeanor amount) and my case was sent to Fulton County State Court
12. Bail Bond Number: XXXXXX
13. Bail Bond Amount: 1200$
14. Bail Bondsman: XXXXXXX
15. Bail Bondsman e-mail address: XXXXXXXXXX
16. Court details:
Fulton County State Court
Phone: (404) 730-5000
185 Central Ave SW
Atlanta, GA 30303
17. Court Case Number: XX-XX-XXXXXX
18. Scheduled court date: February 4, 1999
19. Judge name:
Chief Judge Albert L. Thompson
State Court of Fulton County
T3955 Justice Center Tower
185 Central Avenue, SW
Atlanta, GA 30303-3643
20. This is my first offence!
21. My passport details:
Type: P
Country Code: ARM
Passport No.: XXXXXXXXXXX
Nationality: Republic of Armenia
Date of Birth: 12 April 1972
Place of Birth: Republic of Armenia
Date of Issue: 21 Aug 1997
Date of Expiry: 21 Aug 2007
Authority: 006
22. E-mail address: XXXXXXX
23. Phone: +(374 1) 640 XXX (Home), +(374 9) 508 XXX (Cell)
24. Mailing address:
XXXXXXXXXX
XXXXXX, Armenia
375070
I have contacted several attorneys at Georgia Bar and found one that helped me.
Mr. XXXXXXXX
Age: 62
Attorney at Law
Georgia Bar Number XXXXXX
P. O. Box 52701
Atlanta, GA 30355-0701
Phone: 404-320-XXXX
Fax: 404-320-XXXXX
E-Mail: gXXXXXXXXXX@aol.com
Admit Date: 01/01/1971
Law School: University of North Carolina
Status: Active Member in Good Standing
He negotiated plea in absentia and I signed and sent the form below
In the State Court of Fulton County State of Georgia
State
vs.
XXXXXX Case No. XXXXXX
Plea In Absentia
I, the undersigned, hereby certify that I am the same XXXXXXXXn the above-stated case.
It is my understanding that a formal accusation was filed against me on October 19, 1998, that my case was on the calendar of Judge A. L. Thompson on February 4, 1999, and that since I failed to appear my bond was forfeited and a bench warrant was issued for my arrest.
I am advised by my attorney, XXXXXXXXXX, Georgia Bar Number XXXXXX, that I may be allowed to enter a plea in absentia through my attorney and that the sentence may be payment of a fine of $300.00 plus court costs of $60.00, a total of
$360.00.
I understand that this proposal is not necessarily binding upon the Court and that a fine of $1,000.00 and a jail sentence of up to twelve (12) months could be imposed.
I hereby authorize my attorney to enter a plea of guilty (and if permitted as a
first-offender) or if allowed a plea of nolo contendere to the foregoing charge and hereby waive my present accordingly.
My attorney has fully explained to me the following rights which I understand and which I waive:
1. The right to a trial with or without a jury;
2. The right to confront and cross examine witnesses.
3. The right to present witnesses and evidence in my behalf.
4. The right to examine all physical and documentary evidence.
5. The right to remain silent
6. The right to have free counsel appointed to represent me if I am indigent.
7. The right to appeal to a higher court except in certain limited circumstances.
8. The right to require the State to prove its case against me beyond a reasonable doubt.
I have not been threatened or promised anything in return for entering this plea
(except for the State's recommendation).
I understand that if the Court does not accept the State's recommendation that
my attorney is authorized to withdraw any plea entered pursuant hereto.
______________________________________
XXXXXXXXXXX
Sworn to and subscribed
before me this _____ day of
_______________, 2003.
_____________________________
NOTARY PUBLIC (Or equivalent
official under Armenian jurisdiction)
On March 20, 2003 I got Final Disposition on Misdemeanor Sentence in the State Court of Fulton County – Criminal Division
XXXXXXXX R-217722
Theft by Shoplifting
Plea: nolo contendere on A
It is considered ordered and adjudged by the court that the above named defendant on count:
Total owed to court $362.50 paid a fine and be confined for a period of 12 months
All sentences listed above are hereby reduced to time served:
Provided that the confinement specified shall be suspended on A
Later on November 7, 2003 I have applied for Arrest Record Expungement, but my request was denied.
Please, if it is possible, give answers to my questions:
1. Will I be allowed to visit or immigrate to the US in the future?
2. How will it affect my visit or immigration to the following countries: Canada, New Zealand, Australia and Europe?
3. How could you define my current situation: is it bad?
4. Will my situation influence future employment?
Thank you in advance.
Sincerely,
XXXXXXX