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A warrant was issued for false statement at DMV.FELONY

Discussion in 'Criminal Convictions and Act' started by henboy1, Aug 7, 2011.

  1. henboy1

    henboy1 Registered Users (C)

    Hi!I got arrested for false statement at the GA DMV.The false statement crime happened in 2008 and they caught it when I tried to renew my licence.This is considered a felnoy in GA.The investigator who interviewed my lawyer and myself said she found out that I had checked the box saying the I was a US citizen.As this was a felony, she issued a warrant for my arrest.From the advice of my lawyer, I went ahead and turned myself in.My wife bailed me out the next day.r.I have a lawyer but I need a second opinion.The lawyer requested to the prosecutor/solicitor that the charge be dropped to a misdeamenour since a felony conviction may affect my green card status and since I have no prior.I am 39 and been in this country since I was 14.I am still waiting for a response since this will be with the state prosecutor.I hold a green card at the moment.I have no priors and as the investigator issued the warrant, I was advised by the lawyer to turn myslef in.Any probability of me going to jail without any prior?
     
  2. So_Special

    So_Special Registered Users (C)

    i live in NY and honestly cannot tell you about GA state laws. My two cents would say chances of you going to jail over falsely claiming to be a USC are nil. You should, however, expect to plead guilty to some type of violation in the least. Nonetheless, you will face a potentially very difficult time when you do decide to apply for citizenship.
     
  3. henboy1

    henboy1 Registered Users (C)

    Ny

    I lived on Ny for 10 years and I know they wouldn't take it as serius as these people in GA.I finally heard from my criminal lawyer.We are waiting for the court date and that is where they will go see the DA.I have spent about $4000 on lawyer fees already.This money is between my immigration lawyer and the criminal lawyer.Not counting the money I had to bond myself out.
     
  4. CalGreenCard

    CalGreenCard Registered Users (C)

    I'm not sure I know the answer to your question; however, I'm trying to understand the situation. My understanding was that GA issues DL's to GC holders for 3 years. Citizens get licenses for a longer period--5 to 8 years. So if you were issued a GA DL in 2008, and then were renewing in 2011, you must have gotten a 3 year DL in 2008 and GA must have been aware, in 2008, of your GC status.

    So it sounds like you properly disclosed your GC status, and showed the appropriate documents, in 2008--but simply checked the wrong box on the form by mistake. If I'm understanding correctly, I would certainly hope you and your attorney would vigorously fight any criminal charges--felony or misdemeanor. If it were me, and the scenario is as I understand it, I would go to trial before I'd plead to any charge. There are times when you need to stand up to an abuse of authority, and this sounds like one of them--again, assuming I understand the situation correctly.
     
  5. henboy1

    henboy1 Registered Users (C)

    court date

    My felony arraignment is coming up on 5/11.I recieved the notice and then contacted the lawyer and bail bonds company.I am not sure what will happen but I sometimes feel with immigration laws changing I might be packing.My lawyer says otherwise.He said the only issue is when I apply for Citizenship, they will review the seriousness of it..With all this going on, I have recieved the approval letter for the 10 yr green card and I am still wiating for the physical card.Let's see what happens in court.
     
  6. henboy1

    henboy1 Registered Users (C)

    Update:5yr probation.I am now a convicted felon who did not do time but probabtion/
    The trial finally came around.I either had a choice to plea or go to a 1 day trial by Jury.The lawyer suggested I plead guilty while he files for "first offender".The judge accepeted the first offender and gave me IPS(intensive probation supervision),$2600 court fine,96hrs community service, random alchohol and drugtest and house searches. .I have to be home by 7pm every day for the next 9months.I cannot leave the state.
    Filing for the N400 is not even in my vocabulary.
     
  7. GreenCardVirus

    GreenCardVirus Registered Users (C)

    Checking a citizen box could just be an oversight, it really should not be much of deal. On the brighter side, you got your extension of GC.
     
  8. ananga73

    ananga73 Registered Users (C)

    Unless it becomes absolutely necessary, it will probably be better if you never file for citizenship unless immigration law changes.

    Cheers!

     
  9. henboy1

    henboy1 Registered Users (C)

    I was thinking the same thing but before the outcome of my case , my immigration lawyer was telling me he needs to file for citizenship for me when this case is over.I am not sure if he wants money or he just knows what he is doing.I know sometimes when you file and reveal a committed crime, you become not just a "denied" but deportable..
    Anyway just started comm. service and another guy who became a naturalized citizen said I was very lucky for my outcome.He says this because , while in jail a mexican national was given bond and then a hold was put on his bond and ICE came in and took him away.The mexican was taking cars to the chop shop as his charge.My friend's charge was "theft by taking".His buddy in detroit wanted to do that insurance scam by reporting a car stolen to his insurance.He then asked this guy I was talking to, to get rid of the car while the detroit guy reports it stolen.These cops are now using software that can pick out any stolen cars from their cruiser.He drove the car down from detroit and before he knew he was surrounded by cops in GA.He had no lawyer and spent 6 weeks in jail.He is now doing comm service with me.He was saying that I was soo lucky I didn't get deported.He is a naturalised citizen from Nigeria.ICE also came to the jail questioning him about his name.ICE thought he was a greencard holder.This makes me wonder...was it because I had a lawyer,had been in this country for soo long,the charge wasn't an aggravated felony or what was the reason?I sit here , wonder why and thank the Lord almighty, because I was getting ready for the last 18months to pack up.They even contacted immigration on me, besides doiung an NCIC background and all kinds of check.
     
  10. henboy1

    henboy1 Registered Users (C)

    I am home before 7pm everyday,no alchohol,paying $120/month ($2600),passed my first random drugtest and picking trash on the side of the road 8 hrs a week until I get to 96hrs.DOING THIS FOR MY FREEDOM.
     
  11. ananga73

    ananga73 Registered Users (C)

    Keep it up, stay out of trouble, and like I wrote earlier, delay filing for citizenship for a long time. You cannot just blindly trust your immigration attorney. Some of them are like some realtors, all he cares about is making the sale.
     
  12. Laluna1982

    Laluna1982 Registered Users (C)

    Unbelieveble !!! For accidentally checking wrong box you are a convicted felon !!! You should have never pleaded guilty for something you did not do on purpose ( IO told me that on my citizenship interview )
     
  13. Hexa

    Hexa Registered Users (C)

    If I remember correctly, at one time GA drivers had the option of renewing their licenses online. However, this online renewal was only available to citizens. At one point in the online process, the applicant would be taken to a page with a single question and a single checkbox: U.S. citizenship. If you say that you're not a citizen, it would tell you that you're not eligible for online renewal. If you say you're a citizen, it would allow you to complete the process and receive the new license in the mail.

    Since that little checkbox is the only thing separating an almost automatic renewal from a time-consuming visit to the DMV with all the paperwork, it's very tempting to just check it. Is this the checkbox we're talking about? If it is, then it would be very tough to argue that you made a simple mistake, because the question stood alone on a single page.
     
  14. Carmageddon

    Carmageddon Registered Users (C)

    wow, what would happen after 10 years? they might not renew your GC even, not to mention deny citizenship request?
    Is that GA specific, or Federal law?
     
  15. Hexa

    Hexa Registered Users (C)

    Federal law, 18 USC § 911
     
  16. henboy1

    henboy1 Registered Users (C)

    I do admit


    I do admit , I did purposely do that in 2008 (recieved my greencard in 2009)at the DMV counter.With the admission during the investigator's interview, I was recorded which was used in the discovery.Pretty mean country folks in that small little town.I have put this behind me, I am paying for my "sins" and paying my dues to society.
    If I complete the probation successfully, my record will be expunged as a "first offender" plea through my lawyer.


    I completed my 96 hours of probation last week.I did everything they asked of me.The probation officer came 3 days ago to check on me(must be home every day by 7pm).He was mean but he delas with knockle heads everyday and I do understand his act.I have a reporting due this coming monday.I hope they will take me off intensive and to regular probation.I also paid my monthly fine of $119 yesterday.I still thank the lord for where I am now.
     
  17. Hexa

    Hexa Registered Users (C)

    I hate to tell you this, but for the purpose of immigration there is no such thing as expungement. All expungement does is make it next to impossible for you to obtain an official letter of disposition from the court.
    http://www.justice.gov/olc/deportationproceedings.pdf

    Moreover, falsely claiming citizenship is a deportable offense according to 8 USC § 1227 (a)(3)(D)
    http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-5672.html

    USCIS doesn't subject people to criminal background check for green card renewal, so you should be able to keep it indefinitely. However, N-400 will get you FBI-checked, so they're gonna find out about it.
     
  18. Carmageddon

    Carmageddon Registered Users (C)

    Very interesting stuff Hexa, but I dont think it should prevent his N-400 application being granted, as long as the officer interviewing gets the feeling he is of a "Good Moral Character", the only problem with his situation is:
    "Any crime against property or the Government that involves “fraud” or evil intent".
    He MUST state his conviction, even if it is expunged, and explain that it was a special circumstance, and that he filed the request for DMV renewal hastily, and made a mistake in judgment without thinking, and most certainly without any fraud or evil intents.

    Of course add to that demonstrate that he is working, active in the community, contributing like every American - and 99.9% likelihood is that application would be granted.
     
  19. Hexa

    Hexa Registered Users (C)

    USCIS takes false claim of citizenship very seriously. This is not just something considered CIMT, it has its own numbered section defining it as a deportable offense. The N-400 will ask whether he has ever claimed to be a citizen. If he says 'yes' then he's entering a world of hurt while they're trying to figure out if he qualifies for the very few exceptions and discretionary adjudications for this offense. If he says 'no' then the FBI background check shows the conviction, then it's misrepresentation of material fact / fraud, which will definitely earn him an NTA.

    Here is an attorney's opinion:
    http://www.justanswer.com/immigration-law/4hkik-commited-false-claim-u-s-citizen-back-1993.html

    All I'm saying is that it is an extremely serious matter, and that he should retain a really good immigration lawyer before he even thinks about filing for citizenship. This is not something he can do by himself.
     
  20. Hexa

    Hexa Registered Users (C)

    WAIT.

    I didn't see this. Are you telling me your lawyer allowed you to confess that you intentionally checked that box, making it a slam-dunk case for the prosecutor? I am not a lawyer, but even I know of the 5th amendment of the US constitution. He should have advised you to say nothing, and if the prosecutor didn't want to risk losing the case in a jury trial (because he had to prove intent), he should have made a deal with you, reduce it to a misdemeanor and unspecified 'false statement'. The jury might buy your argument that it's just a mistake over a little checkbox.

    Instead you confessed and let the mean small town prosecutor hung you by the balls with your own word, while your 'lawyer' did nothing. Splendid. Then he has the gall to push you to file N-400 immediately...

    For your own sake, find a better lawyer, please.
     
    Last edited by a moderator: Nov 2, 2012

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