Big Mistake committed – currently in limbo – Can you help?

jiyojiyo said:
Have you talked with good lawyer?? Talk with him immediately. And don't rely on any advice on this forum, its very much useless and preachy and top of that its BS. If somebody got in debt upto neck, can't pay back, goes bankcorrupt,wanted by Las Wegas court and still preaches here, about Law, morality. RIGHT thing , etc, (Who Cares bout such long posts)
!!!!! I would be highly suspisious about such things. Anyway good luck to you and take care

jiyojiyo,

Thanks for your response.

What JohnnyCash told me in the other thread was same as what my attorney told me last year. I wanted to know this from other's experiences. Thats why I posted my problem in this forum.

If you have had any bad experience with this forum, its your bad luck. There are lot of people with good immigration knowledge in this forum, there may be few exceptions. Lets appreciate their contribution.

If you still find a problem with other's answers, then point us to the right answer (where you found a different answer).
 
Paid the fine and case is now closed.

I went to the court today and appeared before the judge. I pleaded guilty and he cancelled the trial date and asked me to pay the fine that was originally assessed by the Police Officer. I pleaded guilty to the orginal charge (driving at 55 in 35 zone). I think court will notify the city Attorney office but I am also sending them a letter saying that I have pleaded guilty and paid the fine. The case is now closed and I can have some breather during Independence Day Holiday week-end.

JohnnyCash, I have a question for you.

What is difference between pleading guilty to charge and not pleading guilty to charge but found guilty by the court of law during the trial. Does it make a difference how one pleads guilty and found guilty.
The only thing I can think of that if are found guilty by court then you have to pay the court costs. Can you or someone who knows about it elaborate please?

Thanks.
 
havefun said:
I went to the court today and appeared before the judge. I pleaded guilty and he cancelled the trial date and asked me to pay the fine that was originally assessed by the Police Officer. I pleaded guilty to the orginal charge (driving at 55 in 35 zone). I think court will notify the city Attorney office but I am also sending them a letter saying that I have pleaded guilty and paid the fine. The case is now closed and I can have some breather during Independence Day Holiday week-end.

JohnnyCash, I have a question for you.

What is difference between pleading guilty to charge and not pleading guilty to charge but found guilty by the court of law during the trial. Does it make a difference how one pleads guilty and found guilty.
The only thing I can think of that if are found guilty by court then you have to pay the court costs. Can you or someone who knows about it elaborate please?

Thanks.
I am so happy for you have fun!
I also have one question for Johnny ; if one gets a petty misdemeanor citation, like a false alarm for instance, and pays the fine, which is $62.50, does that mean pleading guilty indirectly ? or does it mean anything else? does it go on the record? is it criminal or civil? Thank you very much for any insight. Some people told me that this is like a traffic violation, has no impact whatsoever on the record and it is civil, is that true.
thanks
 
As far as DUI and reckless driving charges are concerned, then they do become a criminal nature if someone would get hurt or if there would a probable cause in the mind of officer that a person would have hurt other because of his/her acts being involved in DUI/reckless driving. In that case, these charges are usually tried in a criminal court and not in a traffic court. However, some States do allow trying this kind of matter in a traffic court than in a criminal court. Yet still it would be a criminal case and would stay in person’s record for good.

Until 1998, USCIS never cared about asking traffic violations. But now they do since new version of N-400 came out in the picture in either 1999 or 2000. The purpose of asking about traffic violation is only one-to find out whether applicant ever been charged for DUI or reckless driving. And if s/he has then they would like to know how serious charges were and what was the sentence. Any other traffic violations don't matter to USCIS. However, traffic violation must need to be reported on N-400 since they are indeed citations. And each citation needs to be reported on N-400.

Pleading guilty to any charge/violation means admittance of the guilt/charge/wrongdoing even if charge is minor (petty) being misdemeanor like false alarm. But it never goes in the record since it is a civil in nature and does disappear after some time later depending on each court's local rules on it. But these charges mean nothing.

Pleading guilty to a charge means you're admitting the guilt without prosecutor having proven your guilt. Mostly people do this to avoid a harsh punishment that they may get after the trial but making some kind of plea deal with a Prosecutor, they choose to plead guilty to get a lesser sentencing. While on the other hand, once a person is found guilty after a trial means prosecutors were able to prove such person's guilt in a trial after presenting evidences/witnesses. Upon found guilty in the Court, a person has lost his chance of making a plea deal for a lesser sentence if it was possible. And only a Judge decides what kind of sentencing would be appropriate for this person after evaluating all the factors in consideration and after keeping victims' wishes too. The issue of court costs is mute and doesn't apply on criminal cases. But in civil case, it might matter along with attorney's fee.
 
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