2 arrests within 6 months

hard2core

By hard2core,
in Criminal Issues

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hard2core Member

hard2core

Posted
Posted

Hello,

 

Here is story so far

 

1) Arrested for DUI

 

---> My fault - go reduced to reckless driving. Went to Mumbai before trial. Got visa stamped. Got back and Plead guilty to Reckless Driving with probable damage to property

 

2) Arrested for Domestic Violence

---> False case. Wrongly accused because woman found new boyfriend. I was out of the relationship a long time before but stayed back because of lease agreement. Got arrested 2 weeks before moving out because woman had a gun and I asked her not to bring new boy home till I moved out since my mom was living with me. They think this is a one time arrest with one day Jail but it is of course a serious case. 

 

----> Lawyer for DV says court will be dismissing this case as a Dumb arrest. 

 

 

All happened within 6 months of each other. No previous records or nothing. US educated as well.

 

 

Now. What may or may not happen ?

What new types of papers will I need for India or any other travel

What will be I asked on re-entry to country by immigration ?

Green Card in line but another 4 months will only be a labor approval. Long way to go. 

 

 

Thanks !

 

 

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jairichi Advanced Member

jairichi

Posted
Posted

Hello,

 

Here is story so far

 

1) Arrested for DUI

 

---> My fault - go reduced to reckless driving. Went to Mumbai before trial. Got visa stamped. Got back and Plead guilty to Reckless Driving with probable damage to property

 

2) Arrested for Domestic Violence

---> False case. Wrongly accused because woman found new boyfriend. I was out of the relationship a long time before but stayed back because of lease agreement. Got arrested 2 weeks before moving out because woman had a gun and I asked her not to bring new boy home till I moved out since my mom was living with me. They think this is a one time arrest with one day Jail but it is of course a serious case. 

 

----> Lawyer for DV says court will be dismissing this case as a Dumb arrest. 

 

 

All happened within 6 months of each other. No previous records or nothing. US educated as well.

 

 

Now. What may or may not happen ?

What new types of papers will I need for India or any other travel

What will be I asked on re-entry to country by immigration ?

Green Card in line but another 4 months will only be a labor approval. Long way to go. 

 

 

Thanks !

First of all are you allowed to travel when cases are pending against you? Carry all court documents. All possible questions

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hard2core Member

hard2core

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you stayed with your former GF and your mom together?

 Well, she was not my girlfriend but more of a room mate. My mom was visiting and we were moving out anyway. I had a India trip in between so I could not move out. Long story short - NO. Now that I have answered your question. What is the solution ? As I said - DUI case is resolved with Reckless driving. The DV case will be resolved in Dec with no jail time no nothing <-- according to the lawyer this is the resolution the prosecutor and him have agreed to. 

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hard2core Member

hard2core

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First of all are you allowed to travel when cases are pending against you? Carry all court documents. All possible questions

 Agreed. Cases will get resolved. I will have only one case to please guilty too and that is done with the Recklesss Driving. The other one will get resolved in December too. What papers will I need for Immigration or visa people ? Character Certificate ? Court docs ?  I need to request this from my lawyers now. No need for a special immigration lawyer.

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jairichi Advanced Member

jairichi

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Posted

 Agreed. Cases will get resolved. I will have only one case to please guilty too and that is done with the Recklesss Driving. The other one will get resolved in December too. What papers will I need for Immigration or visa people ? Character Certificate ? Court docs ?  I need to request this from my lawyers now. No need for a special immigration lawyer.

You absolutely need court documents and also court's permission to leave country when cases are pending against you. An immigration lawyer would clearly tell you documents needed for your travel. Do not take a risk by talking to your case lawyers only.

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GNH Advanced Member

GNH

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Posted

Court documents on both cases. Immigration personal can see all arrests so you need to explain the cases. No need for character certificate but the next time you go for visa stamping you will be referred to a doctor to certify that you are not a alcoholic. So expect delays in that.

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hard2core Member

hard2core

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You absolutely need court documents and also court's permission to leave country when cases are pending against you. An immigration lawyer would clearly tell you documents needed for your travel. Do not take a risk by talking to your case lawyers only.

I am not leaving the country without the one case getting resolved anyway. However - I dont think it is true that I cant leave the country without courts permission. I left the country on a pending DUI (now reduced to Reckless) with no issues and had my visa stamped as well. All I had to show the VO was that the case was pending. He asked me - did you get in trouble with the law. Oh - dear. Anyway - your visa is approved but please keep nose clean. I got through Immigration without any issue too. 

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hard2core Member

hard2core

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Court documents on both cases. Immigration personal can see all arrests so you need to explain the cases. No need for character certificate but the next time you go for visa stamping you will be referred to a doctor to certify that you are not a alcoholic. So expect delays in that.

I will carry court documents. Immigration guy saw my first arrest when I left the country too. He just let me through. I am not saying it will happen all the time but yes - showing cases are cleared and i completed first case sentence is important. Not worried about second case since it will clear in Dec. Can I not take a lawyers letter saying this is in process to be expunged ? First case cant be expunged but it was reckless driving anyway and I completed Sentence.

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hard2core Member

hard2core

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Court documents on both cases. Immigration personal can see all arrests so you need to explain the cases. No need for character certificate but the next time you go for visa stamping you will be referred to a doctor to certify that you are not a alcoholic. So expect delays in that.

Here is what my friend had to say who was charged with infiltrating private computer and also had a dui

 

Court certifies disposition docket which should include xharge sheets, arrest wareants, plea, court transcripts and final disposition n fees paid. U will also need letter from community service n court after u complete it

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JoeF Advanced Member

JoeF

Posted
Posted
19 hours ago, lifeistough said:

Hi hard2core,

Did you get your stamping done? If so, please share details and help others. I am also in a similar boat with a DUI (pleaded guilty) and a dimissed DV charges. I am issued 221G and waiting since.

You realize that this is a 5-year-old thread, do you?

The OP is probable not on this forum anymore.

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