Criminal Law Vandalism citation

[amiscorpio]

Hi,
I went to Smoky Mountain National Park and I was charged with vandalism for writing a name on the rock. I have to pay a ticket for $125 but court appearance is not required. I am really not sure how to proceed.
--> Should I just go ahead and pay for the ticket.
or
--> Should I consult a lawyer and see what can be done.

I am planning on applying for greencard next year and I really want to be on the safe side. PS: This is my first ever ticket.

Thanks,
Ami

 

[mafioso]

Where you arrested and fingerprinted? If your answer is yes or no……You are still okay by law. It would not affect your green card application. It is just a minor infraction. You could contact a lawyer if you are trying to contest it….or change name of charge. But if you think you are guilty and was caught, don't waste money. If you need a lawyer get one with criminal and immigration experience, not just criminal. It is not a crime which can hurt your GC application. Just avoid trouble. Some small crimes can make you ineligible to get a GC.

 

[amiscorpio]

I wasn't arrested or fingerprinted. And I did confess to the crime. He just gave me the ticket for $125 and let me go and told me that it shouldn't affect my job applications but he wasn't aware of the immigration stuff, so I contacted you.
I think I ll just go ahead and pay the money and better watch in future. Never ever I thought in my dreams that writing something on a rock can put me in trouble.

Last Question: So whenever I try to fill up any kind of application. Do I need to write "YES" where it asks .. have ya ever been convicted of an offence or felony??

Thanks,
Ami

 

[mafioso]

Question 1. Would it affect my chances to get a green card or would it delay the process.

It would not affect your green card chances in anyway...it will not delay it either. It would probably not even pop up when they do your background check. It is just an infraction and I would think you were not fingerprinted. It is not a crime which would affect you getting jobs. But you could get a lawyer to try and change the name of the charge, or to contest it on the bases of different cultures.....Tell them in your home country it was okay to do that and did not realize it was a crime here. It might not work but your lawyer will evaluate every thing and make the call….Ignorance of the law is never an excuse…. A judge may buy it given your clean past, who knows??

Question 2. I have already committed to the crime. Would it be a good idea to go to the court and apologize or get a lawyer or just send the check by mail?

If you have the money, you can contest it! But if you accepted your guilt already, it would be harder. But know it would not affect you GC. Just be honest about it if you are asked if you had ever had a citation by immigration. But you are free to say you were not arrested or convicted. In many cases, after two years or less, you can expunge it if they put it on your record. Not familiar with your state's law….varies in different states.

It is just a simple infraction(just like a speeding ticket) from what you say. It is technically still an offense….Not the type which typically shows on a background check. I think you can say no since you were not arrested (Just double check me that this). But it would not stop you from getting a job even if it pops. If you ever said no and they asked you about it, tell them you taught it was an infraction like a speeding or parking ticket. That should take care of it without affecting your credibility.

 

[amiscorpio]

Thanks a lot mafioso. You cleared all my doubts. Since I live in Alabama and the court is in North Carolina around 600 miles, I think I ll just go ahead and pay for it. Maybe after couple years I can expunge it.
Thanks again.

 

[mafioso]

We are always happy to help. Good luck!