Disorderly Conduct Case

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zaman_csce

New Member
I got my US Green Card in 29th December, 2008. I had no criminal record in my life. This year in March/April, I had little problem with a girl in a departmental store. She called the police. At night 9PM, two policeman came to my house and after talking with me about 45 minutes, they gave me a city ticket. Here is the description:



Commit the offense of: Disorderly Conduct

Description: Make unsolicited sexual gesturs to an employee at XXXXXXX shop. He also asked the employee to come with himself the night.





I hired an attorney. He is handling this case. He said that I would probably not have to go to jail, but will have to pay some fines if proved guilty. The state attorney proposed to degrade it to 'loitering' instead of disorderly conduct and pay some fine. I did not agree and planned to fight in the court as I did not pledge guilty.



What is going to happen at the worst case, let's say, I am proved guilty and pay some fine, let;s say, $1500 or less ? Will I be elligible to apply for citizenship after 4 years and 9 months which is 29th September this year ? Can I also apply if the case is still pending and no decision is made ? And is it a deportable crime ?



Please advise and put your thoughts. I would really appreciate your response
 
Last edited by a moderator:
What is the maximum penalty? If it is an disorderly conduct, the maximum sentence should be less than 6 months
so it should not be deprotable.

You can look up the maximum senetnce in teh state statuste. Be careful if it says 1 year. Most states
define <= 1 year as misdeeamnor but for immigration purpose, federal laws define < 1 years
as misideeamnor. So if maximum senetcne include one year, one can be in trouble.
 
Thanks WBH. I am not a law specialist. Please help me to understand. What do you mean by 'maximum sentence' ? Do you mean 'maximum jail' ? I believe there will be no jail. Would you mind to write more about my entire post ?

Can anyone help me sheding some lights on my post ?



WBH said:
What is the maximum penalty? If it is an disorderly conduct, the maximum sentence should be less than 6 months
so it should not be deprotable.

You can look up the maximum senetnce in teh state statuste. Be careful if it says 1 year. Most states
define <= 1 year as misdeeamnor but for immigration purpose, federal laws define < 1 years
as misideeamnor. So if maximum senetcne include one year, one can be in trouble.
Click to expand...
 
This is what I got from the net about disorderly conduct in IL:

"Most typical disorderly conduct charges are categorized as a Class C Misdemeanor, which has maximum penalties of up to 30 days in jail and a $1500 fine."



zaman_csce said:
Thanks WBH. I am not a law specialist. Please help me to understand. What do you mean by 'maximum sentence' ? Do you mean 'maximum jail' ? I believe there will be no jail. Would you mind to write more about my entire post ?

Can anyone help me sheding some lights on my post ?
Click to expand...
 
zaman_csce said:
This is what I got from the net about disorderly conduct in IL:

"Most typical disorderly conduct charges are categorized as a Class C Misdemeanor, which has maximum penalties of up to 30 days in jail and a $1500 fine."
Click to expand...

If that is the case, then you have nothing to worry about deportation and most likely citizenship is not an issue
either even if you are convicted. But to be accucrate, don't search for just such general information "most ....".
Look up the specific and exact penal code under which you are charged and find maximum sentencing.
 
Really appreciate your response. Where do I get the specific penal code ? Will it be written on the ticket that police gave me ?

How do I know ?


WBH said:
If that is the case, then you have nothing to worry about deportation and most likely citizenship is not an issue
either even if you are convicted. But to be accucrate, don't search for just such general information "most ....".
Look up the specific and exact penal code under which you are charged and find maximum sentencing.
Click to expand...
 
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