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Will I be deported?
- Thread starter komikzade
- Start date
komikzade said:I am charged with aggreviated assault and kidnapping by domestic violence.
I would not only seek legal advice, but if you did what you were charged with - you should get psychiatric help as well.
komikzade said:I am charged with aggreviated assault and kidnapping by domestic violence.
I have a court date, stayed in the country jail for one day. I was out by bail of $50,000. Do you think they will revoke my visa when after the court if I find guilty?
Please help.
If you're found guilty, deportation will be the best option for you, otherwise you'll become a permanent resident of some place you don't wanna be.
TheInquisitor
Registered Users (C)
don't really, but i would think so. yes, get legal help. perhaps you could me a deal that won't result in deportation. but i do know there might be a loophole, but don't quote me on it. plead no contest and get probation. like that you won't be a covicted felon. know a person that is still under tps because of that.
but again, get legal help. and not for nothing, don't know the sort of person you really are. perhaps you are a dirtbag that should deported. then again, one stupid mistake on one stsupid moment. who knows.
and it also depends if you want to come back. so talk to criminal and immigration lawyer. look at all options.
but again, get legal help. and not for nothing, don't know the sort of person you really are. perhaps you are a dirtbag that should deported. then again, one stupid mistake on one stsupid moment. who knows.
and it also depends if you want to come back. so talk to criminal and immigration lawyer. look at all options.
I assume that the court has appointed the public defender to represent you. You should try and cut a deal such that the felony is reduced to a misdemeanor. If the deputy da does not agree to such a deal you can file a 17b motion (in ca courts) at the preliminary hearing to have the court reduce the charge. Those fail 95% of the time.
Conviction of a felony results in the case being refered to immigration and your deportation. If you are sentenced to probation you will probably be deported right away. If you are sentenced to jail and or public service you will have to complete that prior to deportation proceedings.
When you plead guilty/no contest you state specificially that you understand that your plea may cause removal proceedings if you are not a US citizen.
A nolo contendre plea or no contest has the same legal significance as a guilty plea. If you think that a nolo plea will avoid immigration proceedings, you are mistaken. The nolo plea is only different than a guilty plea where a civil suit is concerned. If you plead no contest to criminal charge, it cannot be used to prove your guilt in a civil case for damages. If you plead guilty, it can be used to prove your guilt in the civil case.
Your best hope is to get the charges reduced to misdemeanors.
Conviction of a felony results in the case being refered to immigration and your deportation. If you are sentenced to probation you will probably be deported right away. If you are sentenced to jail and or public service you will have to complete that prior to deportation proceedings.
When you plead guilty/no contest you state specificially that you understand that your plea may cause removal proceedings if you are not a US citizen.
A nolo contendre plea or no contest has the same legal significance as a guilty plea. If you think that a nolo plea will avoid immigration proceedings, you are mistaken. The nolo plea is only different than a guilty plea where a civil suit is concerned. If you plead no contest to criminal charge, it cannot be used to prove your guilt in a civil case for damages. If you plead guilty, it can be used to prove your guilt in the civil case.
Your best hope is to get the charges reduced to misdemeanors.
TheInquisitor
Registered Users (C)
my friend is under tps. didn't get another work auth due to the legal issues. the rules were that if one felony or 2 misde, you didn't get tps again. thousands got deported. he pleaded no contest w/o ad jurisdiction. he got work auth once again and will sign up for tps once again. just telling you what i know.
NIW2attempt
Registered Users (C)
stay cool. Do not plead guilty in anything. They will try to scare
you to get an easy win (they already tried with this insane bail and "kidnapping" charges) - do not reply, you have right. Again, stay firm.
Go for jury trial if they want. But do not hire attorney either. They
all work in one team - extracting hard earned buck from scared
foreign folks. In jury there are ordinary people. They can distinguish
(not a big deal) between a felony and just a family troubles.
Immigration puts a pressure on everyone, breaks families. Normal
people understand this.
you to get an easy win (they already tried with this insane bail and "kidnapping" charges) - do not reply, you have right. Again, stay firm.
Go for jury trial if they want. But do not hire attorney either. They
all work in one team - extracting hard earned buck from scared
foreign folks. In jury there are ordinary people. They can distinguish
(not a big deal) between a felony and just a family troubles.
Immigration puts a pressure on everyone, breaks families. Normal
people understand this.
I would agree, don't plead guilty right away.
However, the policy of our office is to give people the best offer first. So that the more time we invest in the case, the worse the offer gets for you.
If the first offer is one that means you won't be deported - take it! the offers will just get worse from there.
Also, like the other posters have said: Don't hire an attorney. Use a public defender or court appointed alternate defender. They are much better than private criminal defense attorney's (unless you've got $50k handy to hire the best).
However, the policy of our office is to give people the best offer first. So that the more time we invest in the case, the worse the offer gets for you.
If the first offer is one that means you won't be deported - take it! the offers will just get worse from there.
Also, like the other posters have said: Don't hire an attorney. Use a public defender or court appointed alternate defender. They are much better than private criminal defense attorney's (unless you've got $50k handy to hire the best).
TheInquisitor
Registered Users (C)
i guess it also depends if you are guilty or not, and if they can prove your are guilty even if you are not. if you are and/or their case is good, then get the best deal as possible i guess. if you are innocent and/or they have weak case, then you fight. take that into consideration. and another thing, if at all possible, do it as soon as you can. who knows what any reform bill will say.
is that a joke or really true?
Use a public defender or court appointed alternate defender. They are much better than private criminal defense attorney's
is that a joke or really true?
Its not a joke, just my opinion. I see public defenders and private defense lawyers every day. No one has as much court experience as a public defender; they know their courts better than anyone. Private criminal defense attorneys are hit or miss. If you are going to go with a private attorney, I'd only hire one who was a former DA or public defender with plenty of trial experience.
The private criminal defense attorneys i have seen are relatively poor. If you're a good trial lawyer in private practice you'll be making big money doing PI or suing corporations, you wont be waisting your time with defending people for little money.
If you want verification go down to your local superior court and sit there for a few hours. You'll soon realize the difference. I think the reason people don't value pd's is because the office doesn't have the resources like a private firm. For instance, a pds office wont normally get multiple experts, independent lab tests, private investigators etc. A private firm is able to acquire these resources more easily and pick at the prosecution's case. If you're case is relatively simple and rests on oral testimony, I would go with a public defender- but thats just my opinion.
The private criminal defense attorneys i have seen are relatively poor. If you're a good trial lawyer in private practice you'll be making big money doing PI or suing corporations, you wont be waisting your time with defending people for little money.
If you want verification go down to your local superior court and sit there for a few hours. You'll soon realize the difference. I think the reason people don't value pd's is because the office doesn't have the resources like a private firm. For instance, a pds office wont normally get multiple experts, independent lab tests, private investigators etc. A private firm is able to acquire these resources more easily and pick at the prosecution's case. If you're case is relatively simple and rests on oral testimony, I would go with a public defender- but thats just my opinion.
I don't know if Public defender can necessarily get you a better deal than a Criminal attorney. Mostly, these guys are just like the Prosecutor - they are more keen in finishing the case quickly as opposed to fighting for a deal that is going to benefit the defendant. That said, there's no doubt that PDs are more knowledgeable - in that particular court's practice/procedures and are also quite familiar with the Prosecutor and the Judge and the kind of judgement one can expect from that Court. If using the services of a Public defender you must explain that your immigration status in this country is in jeopardy, more than sufficiently. This might make the PD/ Prosecutor have pity on you.
The other thing is, not everyone can get a Public defender. You have to actually qualify for one. i.e. You have to be in the low income group to even be eligible to apply/ask for one. That's the case with most township courts.
You should call as many Criminal attorneys as possible and speak to them at least over the phone and mention the immigration issues faced on account of this charge. Quite a number of them usually give their first appointments for free. But they also expect you to sign them up at the first appt, which you shouldn't. Think over and hire the one you think you can trust.
The other thing is, not everyone can get a Public defender. You have to actually qualify for one. i.e. You have to be in the low income group to even be eligible to apply/ask for one. That's the case with most township courts.
You should call as many Criminal attorneys as possible and speak to them at least over the phone and mention the immigration issues faced on account of this charge. Quite a number of them usually give their first appointments for free. But they also expect you to sign them up at the first appt, which you shouldn't. Think over and hire the one you think you can trust.
Hi,
I pleaded not guilty at the firts apperance that how i bailed out. They tell me now if the prosecutors office dont have enough evidence they may dismiss the case. Is this true anyone know this is New Jersey...?
Police have the pictures of the victim, and victims statement report and police reports and else..do you think this is enough. no broken bones but significant injury..
I dont know if at this stage there is anything i can do to help dismiss the case? Any ideas?
My wife and I are not living together. This incident happened at my apartment that i started living after i left her. She came to talk with me and thats how it has happened. kidnapping is because i didnt let her go and we fought for 4 hours.
Once i was arrested i told to the polices she fought with me and i didnt do it, but still they sent me to county jail...does it mean they dont believe me?
I will talk with a lawyer but sitting here and knowing anything about it makes me worried.
I pleaded not guilty at the firts apperance that how i bailed out. They tell me now if the prosecutors office dont have enough evidence they may dismiss the case. Is this true anyone know this is New Jersey...?
Police have the pictures of the victim, and victims statement report and police reports and else..do you think this is enough. no broken bones but significant injury..
I dont know if at this stage there is anything i can do to help dismiss the case? Any ideas?
My wife and I are not living together. This incident happened at my apartment that i started living after i left her. She came to talk with me and thats how it has happened. kidnapping is because i didnt let her go and we fought for 4 hours.
Once i was arrested i told to the polices she fought with me and i didnt do it, but still they sent me to county jail...does it mean they dont believe me?
I will talk with a lawyer but sitting here and knowing anything about it makes me worried.
TheInquisitor
Registered Users (C)
four hours? that is a long time just for having a dispute. get soem real legal help and look at your options.
that is the cas ein nay state. but if the have pictures and all, they have enough at least for now. but since she wasn't really hurt and was fighting too and if you have a clean record, then perhaps you could get a way out. and do you have defensive wunds? do you have a history of abuse? was the split over other things? was this over alimony and she was coming to get it? all of this will go into consideration.
They tell me now if the prosecutors office dont have enough evidence they may dismiss the case. Is this true anyone know this is New Jersey
that is the cas ein nay state. but if the have pictures and all, they have enough at least for now. but since she wasn't really hurt and was fighting too and if you have a clean record, then perhaps you could get a way out. and do you have defensive wunds? do you have a history of abuse? was the split over other things? was this over alimony and she was coming to get it? all of this will go into consideration.
So u think they may continue with prosecution..I have a clean record. Only one other time polices came to the apartment we were living together but she said she was OK and I didnt' do anything so they left.
I just left her. There is no divorce case yet. But I informed her that I wanted divorce. .Thats it. She came to talk with me to make me go to a marriage counselor. I said she needs to understand and respect me for the divorce thats when all the fight started. I hit her first she tried to defense but hit me too i dont know if thats something to defend myself..i dont know..four hours yes maybe even five..
I just left her. There is no divorce case yet. But I informed her that I wanted divorce. .Thats it. She came to talk with me to make me go to a marriage counselor. I said she needs to understand and respect me for the divorce thats when all the fight started. I hit her first she tried to defense but hit me too i dont know if thats something to defend myself..i dont know..four hours yes maybe even five..
TheInquisitor
Registered Users (C)
but most of the time you guys were just screaming i hope. do get a lawyer that deals with domestic violence in your area. does she wnat charges? so do talk with domestic violence lawyer and immigration.