Misdemeanor Battery

[Badluckadi]

I got involved in an unfortunate incident where I got into an argument with a new desi roommate, and things escalated into a fight (where no punches or kicks were thrown, only pushing and shoving). Although no one got hurt, this person called the police to spite me and put on a show in front of them ( he has been in this situation before ostensibly, and knew exactly how to get me into trouble). I then proceeded to get arrested and fingerprinted, until my friends bailed me out. I am on an F1 visa and my course gets over in two months, with graduation date set in December. I am planning to apply for the OPT with STEM extension. I have since hired an attorney, who said he would try to get the case dismissed, but it would take a couple of months. I am a good person, who got roped into a fight through constant bullying and now I face some serious consequences and I regret getting into the fight in the first place. Could anyone pls tell me how to deal with employment, opt application, travel and applying for PhD programs in other countries like Canada etc. I am seriously lost and depressed, as I have never been in trouble for anything in school, college or work and this is a seriously daunting life now ahead of me.

[pontevecchio]

  Ask your lawyer if you can plead not guilty and  go on from there.

[lessonlearned]

7 hours ago, Badluckadi said:

I got involved in an unfortunate incident where I got into an argument with a new desi roommate, and things escalated into a fight (where no punches or kicks were thrown, only pushing and shoving). Although no one got hurt, this person called the police to spite me and put on a show in front of them ( he has been in this situation before ostensibly, and knew exactly how to get me into trouble). I then proceeded to get arrested and fingerprinted, until my friends bailed me out. I am on an F1 visa and my course gets over in two months, with graduation date set in December. I am planning to apply for the OPT with STEM extension. I have since hired an attorney, who said he would try to get the case dismissed, but it would take a couple of months. I am a good person, who got roped into a fight through constant bullying and now I face some serious consequences and I regret getting into the fight in the first place. Could anyone pls tell me how to deal with employment, opt application, travel and applying for PhD programs in other countries like Canada etc. I am seriously lost and depressed, as I have never been in trouble for anything in school, college or work and this is a seriously daunting life now ahead of me.

Most ppl are in these situation where they have issue with roommates but it does not escalate this much. as suggested talk to lawyer and see what the outcome would be. It should not effect ur employment opportunities other than it will show up in ur background check, but u can explain to hr if asked. Dont worry about things now just focus on studies and get ur degree done while lawyer takes care of the case. 

Thats the only advice I would give to u. all the best and tk care 

[Badluckadi]

Ok, thanks for the replies. If the case gets dismissed, I have to apply for OPT and there's a column on the application that asks for arrest records. Will I have problems receiving the OPT? My course end date is in The last week of December. The lawyer also agreed to expungement of the records, but said that it would take a few months (5-6) after the case dismissal. Is there a way in which I can get it expunged quicker?

[Badluckadi]

On 8/6/2017 at 6:46 PM, pontevecchio said:

  Ask your lawyer if you can plead not guilty and  go on from there.

My lawyer already pleaded not guilty, but I have not received a court date yet. Is there anything else I can do to speed up the process or anything at all at this point? I really appreciate the help, guys.

[JimH]

On 8/7/2017 at 7:50 PM, Badluckadi said:

My lawyer already pleaded not guilty, but I have not received a court date yet. Is there anything else I can do to speed up the process or anything at all at this point? I really appreciate the help, guys.

If your lawyer says he can get the case dismissed, he must have valid reason based on the details presented by police. So it is a good thing. Regarding if you can speed up the process, it depends on court dates and prosecution attorney readiness. You should check with lawyer again on this. In criminal matters, let it take its own time and do not rush for result. May be prosecution is building up the case, once they realize they do not have enough evidence, they will drop the case. Good luck!