March21 Posted March 30, 2013 Report Posted March 30, 2013 Hi experts, I have pending domestic violence charges on me (2 count, both misdemeanor). My lawyer says that in my state and the county where the case is filed, there is no provision of deferred prosecution, classes etc. so the case is on trial. If I leave US before my trial date for never to come back. I know there will be Bench Warrant which will remain open forever. But will I be considered as "Convicted in for failure to appear"? It may sound drastic to leave the country for misdemeanor. But since I am here on work visa therefore if convicted i anyway will be out of here. So I want to avoid the conviction so that atleast if I apply for job in any other country then while answering the question on work permit application form "Have you ever been convicted?" then i may be able to answer as "no", in case my absence on trial doesn't lead to conviction. Anothe question is L If any other country runs my background check, will my arrest or pending charges appear?? Thansk for your reply!
pontevecchio Posted March 30, 2013 Report Posted March 30, 2013 Please talk to a Lawyer. Are you saying that the facts in the case are true?
March21 Posted March 31, 2013 Author Report Posted March 31, 2013 Hi pontevecchio. what facts you are referring to?
pontevecchio Posted April 1, 2013 Report Posted April 1, 2013 The "facts" are about your DV. Did you do it or not?
catx Posted April 2, 2013 Report Posted April 2, 2013 You are being very naive. One, you cannot simply avoid a conviction by fleeing prosecution. A bench warrant will be issued (as you surmised), and when it is clear that you have fled prosecution and have no intent of returning, a judgment will be rendered against you, which is a conviction. In other words, failing to appear will not get you out of anything -- it will only make it worse, and there will be the corresponding criminal records on file. Two, should you need to come to the U.S. (or any other country for which there are shared records, such as Canada) at some point in the future (even if you do not plan on it), you would find yourself not only inadmissible, but possibly placed under arrest. Think about having to tell you employer that you cannot go to the U.S. for a meeting because you have an outstanding warrant. You cannot predict the future, and say you will never need to come to the U.S.
March21 Posted April 2, 2013 Author Report Posted April 2, 2013 You are being very naive. One, you cannot simply avoid a conviction by fleeing prosecution. A bench warrant will be issued (as you surmised), and when it is clear that you have fled prosecution and have no intent of returning, a judgment will be rendered against you, which is a conviction. In other words, failing to appear will not get you out of anything -- it will only make it worse, and there will be the corresponding criminal records on file. Two, should you need to come to the U.S. (or any other country for which there are shared records, such as Canada) at some point in the future (even if you do not plan on it), you would find yourself not only inadmissible, but possibly placed under arrest. Think about having to tell you employer that you cannot go to the U.S. for a meeting because you have an outstanding warrant. You cannot predict the future, and say you will never need to come to the U.S. thanks for reply. my employer knows about my case and will keep me as long as I am not convicted. if I am convicted even with a fine then also I am out of here and if I leave then also its the same thing. I am just trying to find out which scenario will do the less damage or both will do the equal damage.
March21 Posted April 2, 2013 Author Report Posted April 2, 2013 The "facts" are about your DV. Did you do it or not? I didn't do it but I can not prove it.
catx Posted April 2, 2013 Report Posted April 2, 2013 My employer knows about my case and will keep me as long as I am not convicted. if I am convicted even with a fine then also I am out of here and if I leave then also its the same thing. I am just trying to find out which scenario will do the less damage or both will do the equal damage. Clearly and unequivocally,the only legitimate, honorable, and legal option is to stand up and face the charges in court, and then deal with the outcome and consequences. If you are convicted, then you can pay whatever fine and accept whatever punishment is levied, and voluntarily resign your position, abandon your visa and leave the U.S. Should you need or want to return to the U.S. in the future you can consult with a an U.S. immigration attorney regarding your options knowing that you had addressed the matter and there are no outstanding legal proceedings against you.
JoeF Posted April 2, 2013 Report Posted April 2, 2013 I didn't do it but I can not prove it. Well, if you leave, you essentially admit that you did it. Running away from something is never a solution.
pontevecchio Posted April 3, 2013 Report Posted April 3, 2013 You do not need to prove it. The Prosecution has to prove it. Please get a Good Lawyer and also your families involved. Many accusations are made by spouses in the heat of battle as it were.
Desi Dude Posted April 17, 2013 Report Posted April 17, 2013 Do you wanna explain what you did that was misdemeanor? Maybe you will found out that a lot of people have been successful in getting similar case dismissed.
March21 Posted September 11, 2013 Author Report Posted September 11, 2013 Hi All, Thanks for your reply. My case is still pending. At this time if my wife goes for her H4 stamping, will she face issues because of my pending case?? Regards, --
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