criminal charge dismissed

pleasehelp08 said:
DA knowingly withheld the evidence that could prove your innocence to prosecute you. Some DA's do that. All they care about is number of case prosecuted successfully. I think you can fine for manifest injustice.
Click to expand...

I dont care about manifest injustice. Just care about getting it removed from my records :(
 
dude you cannot just go tell DA open the case and dismiss it. you have to petition the court. Your attorney will decide how to petition the court and what to write in the petition. In Law books the situations like this are called manifest injustice. If you plead guilty and then wants to remove the guilty plea then it is known as "Set Aside Guilty Plea".

If you have a lawyer as you say you do know then he/she should know what to do. Just remember petition should not say anything about immigration consequences, it should be based on innocece. If you get relief on immigtation grounds then USCIS can still use it against you. you can have your lawyer talk to an immigration attorney who would explain this to him.
 
Thanks. We are addressing it on other grounds and not due to immigration consequences. but the District Attorney is saying the case is 'dismissed' and he doesnt think it can be vacated so he wants to know if it is even legal to do so. this is so freaking confusing and such a gray area.

pleasehelp08 said:
dude you cannot just go tell DA open the case and dismiss it. you have to petition the court. Your attorney will decide how to petition the court and what to write in the petition. In Law books the situations like this are called manifest injustice. If you plead guilty and then wants to remove the guilty plea then it is known as "Set Aside Guilty Plea".

If you have a lawyer as you say you do know then he/she should know what to do. Just remember petition should not say anything about immigration consequences, it should be based on innocece. If you get relief on immigtation grounds then USCIS can still use it against you. you can have your lawyer talk to an immigration attorney who would explain this to him.
Click to expand...
 
haid420 said:
Thanks. So if the plea it is vacated based on ineffective counsel, I'll be ok? What is the procedure though? my case was dismissed..
Click to expand...

I don't know the answer to your question but I do know this, like I said before the cases for narcotics are a little more complex because 1) They ask you for each time you were arrested, period. And you have to tell them that unless you have a legitimate reason to leave that out of your application. 2) With narcotics cases the first level(before BIA and circuit appeals) adjuticators don't try to get fancy or sophisticated with you in laywer talk. They will interrogate you about all your arrests in simple english and in the case of a narcotics arrest, expunging, immunity from prosecution or any kind of plea bargain they don't JUST care about official court records and dispositions...they also care about unsealing sealed records. Being a branch of DHS they may very well have access to more information than one might think they would just through pubic records of the court system.

Applying for immigration benefits in some ways seems to be a procedure closer to seeking top secret clearance than going through a criminal court proceeding. Anyway the problem that you seem to have missed is that if the AG "has reason to believe" that you may in the past have been addicted, or may have in the past trafficed then that can render you ineligible to ever recieve immigration benefits regardless of expunged court records. That's the problem. It's complex so you need a complex approach to it too and you need to think outside the box and/or hire a lawyer capable of thinking outside the box rather than someone who just knows how to fill out forms which even a paralegal can do.
 
Are you saying expunging the records will have no effect? I personally don't think so because I have to admit either way that I got arrested. I cannot lie in my application; I think that is a bigger crime.

But I'm not addicted or did not traffic! maybe I didn't mention that myself and two other guys got in trouble because one of our maniac friends was not only carrying but also shoved pieces of the paraphernalia in OUR bags without telling us!! top of that dumbass was driving @ 120mph in a 70 zone! I totally respect the fact that those involved in trafficking or are addicted should be barred from getting immigration but I'm a law abiding responsible citizen! This has been such a scar on my record that you cannot imagine how frustrated I am. I have family dependent on me and me having to go back is going to devastating.


praxx said:
I don't know the answer to your question but I do know this, like I said before the cases for narcotics are a little more complex because 1) They ask you for each time you were arrested, period. And you have to tell them that unless you have a legitimate reason to leave that out of your application. 2) With narcotics cases the first level(before BIA and circuit appeals) adjuticators don't try to get fancy or sophisticated with you in laywer talk. They will interrogate you about all your arrests in simple english and in the case of a narcotics arrest, expunging, immunity from prosecution or any kind of plea bargain they don't JUST care about official court records and dispositions...they also care about unsealing sealed records. Being a branch of DHS they may very well have access to more information than one might think they would just through pubic records of the court system.

Applying for immigration benefits in some ways seems to be a procedure closer to seeking top secret clearance than going through a criminal court proceeding. Anyway the problem that you seem to have missed is that if the AG "has reason to believe" that you may in the past have been addicted, or may have in the past trafficed then that can render you ineligible to ever recieve immigration benefits regardless of expunged court records. That's the problem. It's complex so you need a complex approach to it too and you need to think outside the box and/or hire a lawyer capable of thinking outside the box rather than someone who just knows how to fill out forms which even a paralegal can do.
Click to expand...
 
haid420 said:
Are you saying expunging the records will have no effect? I personally don't think so because I have to admit either way that I got arrested. I cannot lie in my application; I think that is a bigger crime.
Click to expand...

Yes that is exactly what I am saying, you have the right idea. I am saying that expunging will help a bit but it will most certainly not end the matter. You have to probably spill the beans and let them do a "second trial" for immigration purposes. Obviously, in this second trial and judgement the more pluses you have the better, and getting that charged expunged is a small plus, definately not a minus or a neutral.

You have to admit what happened and also prepare your side of the story.

haid420 said:
But I'm not addicted or did not traffic! maybe I didn't mention that myself and two other guys got in trouble because one of our maniac friends was not only carrying but also shoved pieces of the paraphernalia in OUR bags without telling us!! top of that dumbass was driving @ 120mph in a 70 zone! I totally respect the fact that those involved in trafficking or are addicted should be barred from getting immigration but I'm a law abiding responsible citizen! This has been such a scar on my record that you cannot imagine how frustrated I am. I have family dependent on me and me having to go back is going to devastating.
Click to expand...

My guess is you have to bring all that out at the "second trial" for immigration purposes. You could also think out of the box and take one of those fat based forensic tests that prove that a person has never been using controlled substances for any length of time. That might help your case too. If you say the DA is aware of what happened then maybe you could get some sort of letter from him too. I'd think anything that can be done would be worth looking into. There's a way to use FOIA and get a copy of your arrest record from the FBI to see if this even shows up any more or if anything else shows up just so you know what they will have in their hands too when you go there.

Obviously since this is such a serious situation you would also want to prepare yourself for being able to post bail in case they label you a flight risk and of course prepare yourself to appeal it if they don't give you a break at the first interview.
 
So basically, the only way I can eliminate chances of me getting arrested right after the interview is to have the case vacated right and then dropped totally? And getting it expunged doesn't really help me I think as the IDP has also said. There is a way to get the FBI fingerprint check but that takes 12 weeks!! So what if I remove the plea but the DA agrees to drop the charges due to me having complied with the terms for their given period of time and also couple of years in addition, instead of reprosecuting; I should be fine?

praxx said:
Yes that is exactly what I am saying, you have the right idea. I am saying that expunging will help a bit but it will most certainly not end the matter. You have to probably spill the beans and let them do a "second trial" for immigration purposes. Obviously, in this second trial and judgement the more pluses you have the better, and getting that charged expunged is a small plus, definately not a minus or a neutral.

You have to admit what happened and also prepare your side of the story.



My guess is you have to bring all that out at the "second trial" for immigration purposes. You could also think out of the box and take one of those fat based forensic tests that prove that a person has never been using controlled substances for any length of time. That might help your case too. If you say the DA is aware of what happened then maybe you could get some sort of letter from him too. I'd think anything that can be done would be worth looking into. There's a way to use FOIA and get a copy of your arrest record from the FBI to see if this even shows up any more or if anything else shows up just so you know what they will have in their hands too when you go there.

Obviously since this is such a serious situation you would also want to prepare yourself for being able to post bail in case they label you a flight risk and of course prepare yourself to appeal it if they don't give you a break at the first interview.
Click to expand...
 
haid420 said:
So basically, the only way I can eliminate chances of me getting arrested right after the interview is to have the case vacated right and then dropped totally? And getting it expunged doesn't really help me I think as the IDP has also said. There is a way to get the FBI fingerprint check but that takes 12 weeks!! So what if I remove the plea but the DA agrees to drop the charges due to me having complied with the terms for their given period of time and also couple of years in addition, instead of reprosecuting; I should be fine?
Click to expand...

I don't know what the chances are of them arresting you at the interview tbh. What I do know is that if they arrest you with bail allowed then it's a hell of a lot better to be outside detention with an EAD in hand getting ready for 2 years of appeals than it is to be sitting in detention. So I'm saying prepare for the worst and hope for the best. Preparing for the worst means getting ready to have someone post bail, from what I understand CIS bail can go up to $15,000 or they can even deny bail entirely but regardless it's better to be prepared with bail money.

And I don't remember if I mentioned, the DA you were dealing with didn't "write you your rights" where he makes clear about the immigration consequences. So, that looks like a technically you may have to end up exploiting in the appeals process. I was told all appeals first go to BIA and then the circuit court. I'm not sure if the first level interview people have the authority to disregard an arrest if you show them that you were not told of immigration consequences? So that's part of your defence right from the start too.
 
Sorry, no limit on the Immigation bond, the lowest bond you can get is $1,500.

praxx said:
I don't know what the chances are of them arresting you at the interview tbh. What I do know is that if they arrest you with bail allowed then it's a hell of a lot better to be outside detention with an EAD in hand getting ready for 2 years of appeals than it is to be sitting in detention. So I'm saying prepare for the worst and hope for the best. Preparing for the worst means getting ready to have someone post bail, from what I understand CIS bail can go up to $15,000 or they can even deny bail entirely but regardless it's better to be prepared with bail money.

And I don't remember if I mentioned, the DA you were dealing with didn't "write you your rights" where he makes clear about the immigration consequences. So, that looks like a technically you may have to end up exploiting in the appeals process. I was told all appeals first go to BIA and then the circuit court. I'm not sure if the first level interview people have the authority to disregard an arrest if you show them that you were not told of immigration consequences? So that's part of your defence right from the start too.
Click to expand...
 
I don't know who keeps deleting my posts, but the $15,000 limit on bond/bail is complete BS. There is no limit, the lowest bond you can get is $1,500.
 
Once again you prove to be a idiot. It can not be a bond if there is no money involved, that only leaves a O.R, but there is no way a government attorney would agree unless there was a very great needed and the benefit was to the government. The lowest bond amount still remains at $1,500. BTW, I have seen mandatory detention aliens being given a bond. Sometimes you get a Judge who is a idiot and doesn't know the INA very well, and the ICE attorney doesn't object.


praxx said:
The lowest bond you can get is zero. The judge can release you on your own word unless you are subject to mandatory detention.
Click to expand...
 
dafortycal said:
Once again you prove to be a idiot. It can not be a bond if there is no money involved, that only leaves a O.R, but there is no way a government attorney would agree unless there was a very great needed and the benefit was to the government. The lowest bond amount still remains at $1,500. BTW, I have seen mandatory detention aliens being given a bond. Sometimes you get a Judge who is a idiot and doesn't know the INA very well, and the ICE attorney doesn't object.
Click to expand...

The idiot is you for taking what I said literally and arguing semantics when it's quite clear there is no such thing as a zero dollar bond. And people do get released on their own recognizance so I don't know why you are pretending that situation doesn't exist. And why on earth would a judge care what an attorney thinks about a bond when the final word is that of the judge lol you really make no sense. Judges don't get told by prosecutors what to do and not do. Further evidence of the vacant space between your ears considering the fact that you have actually been to these hearings.
 
You must log in or register to reply here.
Top