need_help_100 Posted September 30, 2015 Report Share Posted September 30, 2015 Hello Joel, Pontechvio, Need your crucial advise in my case. Please help me as I am really paranoid. I got an ticket in NYC from a police. Very immidiately I lost it. So I don't even remember what was the details in the ticket. I hired a Criminal + Immigration attorney in NYC. The attorney checked with the clerk office of the midtown court ( and a few others), but could not find a court date for the ticket by my name and Date of birth. He also ran a comprehensive search on other databases through a private investigator, but no records were found. The attorney assured that there is no warrant and criminal history on my name and hence I should not panic. However, eventually I could not go to the court due to lack of court date. In the mean time I had to come back to India as my visa expired and had to leave the country. My attorney gave me permission to leave the USA. Now while in India, I am a bit panic. My attorney in NYC assured my everytime I called him over phone, that I need not worry and there are no consequences from H1b visa stamping or immigration point in my case since there are no clerk records. Do you agree with my attorney's advise. Is there any gap in the understanding? or is there a chance that there can be a pending warrant on my name in the USA while I am in India? If yes how do we address it ? Also, will it affect my chances to get in USA as well as other rich countries since most of my work is software related and clients are from rich countries such as USA? Please let me know. - A Needy software engineer Link to comment
pontevecchio Posted September 30, 2015 Report Share Posted September 30, 2015 Why do you think you got a ticket in the first place? Link to comment
century Posted October 1, 2015 Report Share Posted October 1, 2015 It could be a problem since u didnot attend court thy can issue arrest warrant. Hire criminal lawyer to defend your case. Link to comment
pleaseforgive358 Posted October 1, 2015 Report Share Posted October 1, 2015 Joel and Pontechvio and let you know their advice/opinion. here's my 2 cents: For the court to have any sort of record against you there should be a complaint filed against you. The complaint can be filed by any person or agency. The police are a law enforcement agency. If the officer gave you the ticket it means you were cited. What the reason was would be best known to him. You might also have an idea as to what happened. For e.g. if I am speeding and get pulled over the police would give a ticket and tell me the reason. Alternatively I too would have an idea as to why I am being pulled over; however, in some case we are completely oblivious as to why we got pulled over. Once cited the police have to file a complaint against you in court. Then the prosecutor takes over and the court journey begins. Do your part and look this up online. As the attorney said if the court has no records then the police cited you but did not file a complaint. There can be various reasons why a complaint was not filed you need to search that on the internet. The citation (ticket) will have information on what offense it was. Criminal/civil etc. If there is no record in the court this is the best you can get at this stage. If you start poking these agency as why I don't have the record then they will think there is something let's find out and then you have a record.. just joking. But I guess that's how it is. So, what was the reason for the ticket? People here can reply accordingly. What happened.. happened. From now on to be truthful when you are asked if you were cited the answer is yes. Are you convicted yet - No. I would just tell the truth if asked. But you need guidance from a qualified attorney to know what to answer. In tricky cases just say I want to be silent when you don't know. An attorney should speak for you. To answer the background questions on DS160 consult with an attorney. Don't do it yourself. Good Luck!! Link to comment
need_help_100 Posted October 1, 2015 Author Report Share Posted October 1, 2015 Any advise is most appreciated. Link to comment
need_help_100 Posted October 1, 2015 Author Report Share Posted October 1, 2015 pleaseforgive, I think to my knowledge - I was buying food and someone was too much poking in it so I spoke loudly. That's all that I remember. But since I lost the ticket I would not know what was in it. My attorney did a lot of search in the clerk's office of the court, but could not find any court record or date. We did this searching for a few months while I was in the USA, but no court date came across by my name or dob. There was also no warrat by my name as well. My attorney gave me permission to go to India he also advised not to mention about this in DS160. pleaseforgive, century, joel , pontechivio, as my attorney suggests, should I just forget all about this or is there any implication. Link to comment
century Posted October 1, 2015 Report Share Posted October 1, 2015 You may want to check with NYPD who issued citation to you. Your defense lawyer csn talk to them. Link to comment
pontevecchio Posted October 1, 2015 Report Share Posted October 1, 2015 If your Attorney is licensed , then follow his take. You are worrying too much unless you are not mentioning all the facts. Link to comment
century Posted October 3, 2015 Report Share Posted October 3, 2015 I think yours is a disturbing the peace infraction or misdemanour. Link to comment
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