Hello, I have been searching for an answer to a question for my sisters application (with her permission of course).
She was arrested for reckless driving (55 mph over speed limit in 2002). She was later convicted of a misdemeanor and sentenced to 8 days in jail, but served 4 days for the incident.
After looking at her records I saw her "sentence time" was 110 days and her "sentence suspension time" was 102 days. She also paid a fine of $250 and $202, lost her license for 6 months and her drivers licence priveledges were on probation for 6 additional months.
Taking this into account, How should she answer the following questions?
16. Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?
17. Have you ever been charged with committing any crime or offense?
18. Have you ever been convicted of a crime or offense?
19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
20. Have you ever received a suspended sentence, been placed on probation or been paroled?
21. Have you ever been in jail or prison?
I advised her to answer like this:
16. yes
17. yes
18. yes
19. no??? (not sure)
20. yes ("sentence suspension time" counts as this??)
21. Yes
Also, I am writing an explanation of what happened on a separate sheet of paper. do you guys recommend that she gets a lawyer because of this incident?
EDIT: This is a great website, hope you can help my sister out.
Best regards
She was arrested for reckless driving (55 mph over speed limit in 2002). She was later convicted of a misdemeanor and sentenced to 8 days in jail, but served 4 days for the incident.
After looking at her records I saw her "sentence time" was 110 days and her "sentence suspension time" was 102 days. She also paid a fine of $250 and $202, lost her license for 6 months and her drivers licence priveledges were on probation for 6 additional months.
Taking this into account, How should she answer the following questions?
16. Have you ever been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason?
17. Have you ever been charged with committing any crime or offense?
18. Have you ever been convicted of a crime or offense?
19. Have you ever been placed in an alternative sentencing or a rehabilitative program (for example: diversion, deferred prosecution, withheld adjudication, deferred adjudication)?
20. Have you ever received a suspended sentence, been placed on probation or been paroled?
21. Have you ever been in jail or prison?
I advised her to answer like this:
16. yes
17. yes
18. yes
19. no??? (not sure)
20. yes ("sentence suspension time" counts as this??)
21. Yes
Also, I am writing an explanation of what happened on a separate sheet of paper. do you guys recommend that she gets a lawyer because of this incident?
EDIT: This is a great website, hope you can help my sister out.
Best regards
