Arrested for domestic disturbance - will it cancel 485?

L

lost_in_space

Registered Users (C)
Hi,

My friend went through the following incident:

He has applied 485 on June 2003 with an approved 140.

He had a small fight with his wife and his wife called 911 without knowing the consequences. They arrested him for domestic disturbance (report was he pushed his wife during a heated discussion). He got bail that night, appeared in court for a pre-trial next day and is asked to come for a trial after 20 days. His wife will appear in court as a witness and will ask for his forgivingness to the court. So it is unlikely that he will be jailed for this incident, but my questions are

1. if he is jailed for a day or two after trial or asked to do community work etc., will it lead to criminal record for him as well as automatic cancellation of his 485?

2. Will he inform his lawyer about the incident?

I do agree that what my friend has done is not at all good but he is quite repentant now. Can the gurus in the forum please help him out.

Thanks.
 
Your friend will be approved eventually so ask him not to panic as this is not a felony crime and considered as a misdemenour. His crime record will exists and there is a way to remove this record. Ask him to appoint good criminal lawyer and get his record erased before he goes for fingerprinting. There is good discussion on this topic, you might want to search in this forum.
 
I actually know a case with an ex roommate, who was arrested for a felony type 2 home violence. Good thing was that he never got convicted and thus his case got approved,

Make sure you hire a good lawyer and get a non-conviction!!!

I am not sure how he got a non-conviction since he was totally guilty. But u may want to do some research
 
Wife called 911 for pushing her.

This seems to be too much, will she call police in india if she is pushed by husband or family member(say father /brother/ uncle)
..they take more advantage here b'cause they have no parents or inlaws living with them to control/advice them...

I know many wife control husband like toys...(like no smoking, no drinking, no outgoing, no baby for three yrs..etc..)..

Take it easy, hire a best lawyer...
 
Well said Street dog

I would back street dog 100 %. You should advice your friend to solve his marriage problems. If the woman was battered before this incident, it made sense for her to call 911. This to me seems like an argument that ended up in a huge drama. Some indian women (not all) take it very lightly to call 911 without realizing the consequences. Even men get hit sometimes by their wives, if they were to call 911, where will the women go?
 
Thanks a lot friends

Hi friends,

Thanks a lot guys for your valuable feedbacks. I know my friend as well as his wife for years and after hearing the entire incident I understood that she called 911 without really understanding the actual consequences. Nobody is perfect and almost every married relations, there are quarrels and fights. Now her wife is fully ready to back up her husband at court and as per your feedbacks they will hire a good lawyer so that he is not convicted. I hope that way his case will be solved. Will keep you updated after the trial.

Thanks again guys for supporting this poor soul.
 
Who are interested to learn about domestic problems in U.S.A, see ammas.com

Look at the advice, you will see how things are changing. Looks like the beating, scolding scenarios for men are in the verge of getting over.
 
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