Arested for Family Violence and Case dismissed

[billrider321]

I had a minor altercation with my spouse which resulted in her calling cops and my arrest. She submitted affidavit for non prosecution and case was dismissed before going to trial. I did not plead guilty or sign any document. I did an anger management class and few community service hours. Case was in Texas court.  I am wondering what I can prepare to answer in secondary interrogation. I am on Green Card.

On the court disposition it states that –

Assault family violence is dismissed for the reason, It has checkmark on other box,

The defendant has successfully completed anger management and 10 hours of community service, Wherefore it is prayed that the above entitled and numbered cause be dismissed.

 

So far I have this -

1. certified court disposition.

2. Get a police clearance

3. Memo from attorney, not sure what they can write or say on a paper which will have any effect on POE officer.

 

 

[pontevecchio]

In view of recent news in the Murthy website, you need to consult an IMMIGRATION Lawyer with your facts as a matter of abundant caution.

[natan111]

If the Judge ordered the 10 h community service it is conviction for immigration purposes. If the Prosecution offered it in the deal, that part is okay. You need to ask yourself what would happen had you not completed the community service. If you still would not have to plea guilty, that that part is okay. The second question is whether the Prosecution could offer the agreement without the Court's approval. If the answer is "yes", that part is okay too. 

[billrider321]

Thanks for the reply. I went through article posted on Murthy

https://www.murthy.com/2017/09/25/pretrial-agreements-may-qualify-as-convictions-under-the-ina/

Thats an interesting case. 

 

Just few more details on my case -

1. It was not court ordered.

2. I did not sign any sworn document agreeing to any plea. Probably something worked out between my criminal defense lawyer and district attorneys. I think they do this so that these case can be expunged after 2 years.

 

[pontevecchio]

The Murthy case referred to Texas. Please note your lawyer acts for you. Do not be coy. Spend the money on a good Immigration Lawyer should you choose or you can try ignoring it and hope everything works out.

[sam3215]

On 9/27/2017 at 6:47 PM, billrider321 said:

Thanks for the reply. I went through article posted on Murthy

https://www.murthy.com/2017/09/25/pretrial-agreements-may-qualify-as-convictions-under-the-ina/

Thats an interesting case. 

 

Just few more details on my case -

1. It was not court ordered.

2. I did not sign any sworn document agreeing to any plea. Probably something worked out between my criminal defense lawyer and district attorneys. I think they do this so that these case can be expunged after 2 years.

 

Pre trial intervention by judge in court is a conviction because you agree to the charges . Pre trial diversion is given by prosecutors before trial and does not require any admission of guilt in front of judge . So it does not qualify as conviction for immigration 

[billrider321]

Thanks for replies. If I am traveling outside should I get all these documents, I have court disposition with me.

 

1. certified court disposition.

2. Get a police clearance

3. Memo from attorney, not sure what they can write or say on a paper which will have any effect on POE officer.

[user1001]

On 9/27/2017 at 4:16 PM, natan111 said:

If the Judge ordered the 10 h community service it is conviction for immigration purposes. If the Prosecution offered it in the deal, that part is okay. You need to ask yourself what would happen had you not completed the community service. If you still would not have to plea guilty, that that part is okay. The second question is whether the Prosecution could offer the agreement without the Court's approval. If the answer is "yes", that part is okay too. 

If entering an agreement (SOC) with prosecution, not ordered by judge, where classes are for 6 months, no restitution fees, pay filing fees, monitoring fees does this count as conviction for immigration purposes?