Dom Violence Charges Green Card Holder

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dakazn

Registered Users (C)
I was arrested on DV charges (against my wife) and got pre trialrelease. My criminal defense attorney got me a out of the court verbal deal that If I'll take state approved anger management dealing with DV classes my case will be dismissed. I didn't sign anything any admission of guilty or deferral agreement.
I am green card holder and able to file my Citizenship next year. Looking into the naturalization forms N400 in section D question number 19 is regarding to deferral or diversion deal. When I have to fill this in future what should I put in it. I just want see my situation is immigration safe or not. My lawyer and DA are telling me I don't have to say yes because this verbal deal is only for DA but not for court and after finishing the classes everything will be dismissed without mentioning this deal. Any advise.........
 
dakazn said:
I was arrested on DV charges (against my wife) and got pre trialrelease. My criminal defense attorney got me a out of the court verbal deal that If I'll take state approved anger management dealing with DV classes my case will be dismissed. I didn't sign anything any admission of guilty or deferral agreement.
I am green card holder and able to file my Citizenship next year. Looking into the naturalization forms N400 in section D question number 19 is regarding to deferral or diversion deal. When I have to fill this in future what should I put in it. I just want see my situation is immigration safe or not. My lawyer and DA are telling me I don't have to say yes because this verbal deal is only for DA but not for court and after finishing the classes everything will be dismissed without mentioning this deal. Any advise.........
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Ask your lawyer if (s)he is complying with his/her obligations under the Supreme Court Decision in Padilla v. Kentucky. Look it up and at the very least read the holding! If you have an option to plead down to a simple assault OR simple battery, take it. Don't accept ANY mention of Domestic Violence in the record, not even in a diversion deal. You cannot conceal this incident completely no matter what the DA, your lawyer or the judge says. There is already an arrest record, so, ensure that the words "Domestic Violence" stay out of the rest of the record completely in your dealings with the DA and court. The disposition will eventually come from the court (or possibly the DA if prosecution is eventually recorded as declined or ~nolo prossed, or some variation of that in latin or french legalese) so control what goes into those records, the arrest record is history now and cannot be undone. You are limited to damage control at this point.
 
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