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Simple misdemoner is deportable for non-immigrant worker? Criminal Law

Discussion in 'Immigration Issues' started by tim50, Aug 23, 2007.

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  1. tim50

    tim50 Law Topic Starter New Member

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    I m not sure . I will talk to my lawer today. Letter from court clearly says that u have been ordered for bench trial and be present at court on so and so date. and incase u will not preset, a arrest warrent be issued and baild amt is forfieture.

    Also is there any way to release my baild bond even i pay the amt to bail bond agent and i will have responsbility to get the amt back from court.
     
  2. tim50

    tim50 Law Topic Starter New Member

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    Hi mefioso,

    I checked with my lawyer. He ordered for discovery. Could u please advice for Ques on my earlier 2 -3 posts as well.
     
  3. tim50

    tim50 Law Topic Starter New Member

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    I met my lawyer today. We go some docs like police reports etc. We decided pled guilty and to go for deffered judgment. So there is a chance to get probation. Don't know how many days or months ? Whats ur opinion abt this. any inputs...
     
  4. mafioso

    mafioso New Member

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    Sorry your post has not been appearing on my laptop………….You can sponsor your parents to come……..Immigration would not bother even if they know of the pending charge…….it qualifies under the petty crime exception. They generally will not ask your parents about your crimes…..I know many people who have brought their parents here with petty crimes on record.

    Your bails bond man will be free once you complete your probation. The money will be returned to him when you case is completely disposed. In most cases, you cannot switch to put the bond on your name after it has been posted already.
     
  5. mafioso

    mafioso New Member

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    Your lawyer has probably viewed your case and feels a guilty plea is your best option. Your lawyer will be able to get you differed judgment. It would probably be probation for six months or 9 months. Typically less that a year depending on your lawyers negotiations and DA’s guidelines. It could include some community service too or class on morals…a few hours. I think given the evidence against you, it will be a good deal to get deferred judgment. You can seal the record after your probation or expunge it. Find out from your lawyer the rules of expunge in your state………See if you qualify. You can definitely seal it.
     
    Last edited: Sep 5, 2007
  6. mafioso

    mafioso New Member

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    Oh, I forgot the last part of your question……Your lawyer could still try to see if he can plead guilty to a lesser charge or different name charge like disorderly conduct which is not a CMT……If the DA’s allow it that will be fine…..some counties don’t. He can try……..there is nothing wrong in trying. Many people on this forum have had success changing the name of their charges in similar situations.
     
  7. tim50

    tim50 Law Topic Starter New Member

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    Thanks a lot.

    Here is IOWA law for expungement.

    661—11.12(692) Release of information to the public. The department may release criminal history information to any person, or public or private agency, upon written application. Non–criminal justice agencies may not receive information regarding arrests older than 18 months that do not have dispositions or deferred judgments where the department has received official notice of successful completion of probation, unless a waiver has been given to the requestor from the person who is the subject of the criminal history information and is presented to the department at the time the request for the information is made.

    Each record released to a non–criminal justice agency shall prominently display the statement: “AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT.”

    Some more Questions for you :

    - Will arrest records will be apeared during backgroud check by an employer or immigration ?
    - Will it possible to go for vacation to My country during probation. Your earlier posts says no. I am thinking of any kind of emgergency and I have to rush. Will I required any court permission for travel ?
    - Will I travel acrosss to US during my probation ?
    - Will this porbation is kind of supervided or unsupervised ? What kind of freedam I will have.
    - During the probation, my records will be shown publically by any site ? since my case will be disolved after convication.
    - When My bailbond get his money back ? At the time of end of probation or at the time of deffered judegment. I am worried becasue one on my friend has signed on bail bond papers ? I don't want to give hime trouble and I didn't told him abt the case in the detail. Will I get all the signed paper back from bail bond. I am really scarred from bail bond.

    Thanks a lot.
    Tim
     
  8. mafioso

    mafioso New Member

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    Will arrest records will be appeared during background check by an employer or immigration?
    When you expunge or seal your record, the arrest will not appear to employers but it will appear to immigration.
    - Will it possible to go for vacation to my country during probation. Your earlier posts say no. I am thinking of any kind of emergency and I have to rush. Will I required any court permission for travel?
    Your probation agreement will determine if you can travel out of the US during probation. Your lawyer can negotiate on that before you sign it. Your probation officer sometimes has the power to make the decision. But I advice it is not a good idea if you have not completed probation. Some people do, but I think it is risky……….at POE.
    - Will I travel across to US during my probation?
    It would be determined in the rules of your probation. For most lower level crimes, you can. You just need to inform your probation officer. In some counties, you can travel without needing permission. Only your state, county court, and lawyer can tell you that. It varies and can be negotiated.
    - Will this probation is kind of supervised or unsupervised? What kind of freedom I will have.
    You could get supervised or unsupervised probation. There is no one rule for what you get. Your lawyer can tell you today if you talk to him, every detail about the rules and type of probation given to people in your situation in that county.
    - During the probation, my records will be shown publicly by any site? Since my case will be dissolved after conviction.
    Everyone’s record is public information. If you go to your courts website and search for your case …….all your info is there. Anyone can pay for and do a background check online. It would show. That is why I told you, you must expunge or seal after probation to hide it from the public.
    - When My bail bonds get his money back? At the time of end of probation or at the time of deferred judgment. I am worried because one on my friend has signed on bail bond papers? I don't want to give him trouble and I didn't told him abt the case in the detail. Will I get all the signed paper back from bail bond? I am really scarred from bail bond.
    You would get the money back at the end of your probation, during which your case will be dismissed. Only when the court pronounces the dismissal shall you get it.
     
  9. tim50

    tim50 Law Topic Starter New Member

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    Thanks. Mafisio...

    Finally I got conformation from my lawyer. DA is offering following.
    - Unsupervised probation for ONE year. There will NOT be any probation office for me whom I have to report.
    - No Community Services
    - No Jail Time
    - A class on shoplifting (65$).
    - Civil fine if any (I don't know if store chage me xxx Amt ?)

    Some more Q I have : -
    - Can I travel in unsuperived probation
    - Can I get rid of from bail bond before probation. Since I will be on probation, Will I will be kind on on BAIL or what ? So Bail bond shud be release.
    - Hope there will not be any issue of inadminsbbility (we discussed ealier)
    - When I will get dispostion letter. At the time of anoouncment of deffered judgment or at the end of probation.
    - Will my case will be sealed after probation ?

    Thanks.
     
  10. mafioso

    mafioso New Member

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    Can I travel in unsuperived probation
    - Can I get rid of from bail bond before probation. Since I will be on probation, Will I will be kind on on BAIL or what ? So Bail bond shud be release.
    I answer this in my previous post………You will get rid of him only when you get the letter of disposition.I most counties you can’t switch bond.
    - Hope there will not be any issue of inadminsbbility (we discussed ealier)
    There will be no problem, but I advise you don’t leave the country until your case is disposed and you get the relevant papers and letter.
    - When I will get dispostion letter. At the time of anoouncment of deffered judgment or at the end of probation.
    The letter of case disposition is at the end of probation.
    - Will my case will be sealed after probation ?
    Your case will not be sealed or expunged on its own. You will need a lawyer to do that. Your lawyer can explain how much it will cost and the process. Talk to him about it.
     
  11. tim50

    tim50 Law Topic Starter New Member

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    Just to update for all readers...........

    Finally I got court order for deffered judgement..............
    - Unsupervised probation for ONE year.
    - No Community Services
    - No Jail Time
    - Civil fine - 65$
    - total cost = 240/- including civil fine 65

    My bail is exorated (released)....

    No travel restrictions. No deporation issue as per immigration lawyer althogh it is conviction in immigration law. I am not sure whether I will get any civil demand letter from store or not ? Also I m not sure for my ban..it is life time or one yr..i forgot to collect letter from the store....i don't know wheter i can ask or not.....but not worry abt it..i don't want to go to that store..

    I simply want to forget the incident..............Never do it and even think of doing it....150 $ cost me approx 2000 $ (legal, bond prm, court fee etc)...........But feeling little release after...this is over..........Thanks mafisaco............for ur support..............Thanks a lott...............................Appreicated....

    By the way..is any chance to reduce probation duration..........need to apeal or whats the procedure ???
     
  12. mafioso

    mafioso New Member

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    In most cases you can't reduce your probation.............it is unsupervised so there is no one observing you to evaluate. For longer supervised probations, it is possible at the recommendation of your probation officer. Your lawyer negotiated and that is the best time he got. You can't start negotiating after accepting a plea. Nice to know we helped.............good luck!
     
  13. mafioso

    mafioso New Member

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    Per your private message.........the site will only allow 1000chars.You have nothing to worry about immigration given your immigration lawyer structured the plea and has seen to the fact that you qualify for petty offense exception.......requiring five years in US before offense, or possible waiver if married to US citizen or other. Good luck once again.......
     
  14. tim50

    tim50 Law Topic Starter New Member

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    Thanks. I m on L1 visa and my company not filing GC for me. I am planning for H1 in next year and then think of GC. Also is there any chance to get lift my ban from the store ? I don't know this ban is one yr or life time ? I am on unsupervised probation. Also to update that I received $100 a s a civil fine from the store. Same I will be paying shortly. Hopefully everything is fine now....Only need to wait for a year. I will reqyst to court to reduce my probation from 1 yt to 6 month and so..lets see.......again thanks a lot. for ur help and supprt.
     
  15. mafioso

    mafioso New Member

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    Different stores have different penalties........some would let you shop after the fine or after a year or something like that.........You have to call the store and ask to talk to lost prevention....( LPs) and find out.
     
  16. tim50

    tim50 Law Topic Starter New Member

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    Hi Mafioso,
    How are you. i am posting in this forum after long time.

    almost 7 month has been passed in my unsupresvised probation as i got deffered judgement.

    In this meantime I have requested my identification records from FBI.

    I got my FBI rap sheet in less then 3 weeks.

    This rap sheet contains one arrest record. This records show incorrect inital charges.

    Now my question is : -
    1. How to correct FBI record ?
    2. Whats the procedure to expunge FBI record ?
    3. Since record is found and it will hit when I return back from India ?
    4. Is FBI shares this info to immigration and will my employer came to know the same any time ?

    Thanks....
     
  17. tim50

    tim50 Law Topic Starter New Member

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    Experts plez reply...........
     
  18. tim50

    tim50 Law Topic Starter New Member

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    any expert ...could u plz reply..
     

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