Court Case

[K&M F&E 1]

Nol pros is different from nolo. The case was nol prosed on the grounds that there was not enough evidence. 2ndly we didn't do trial I was just told by the state attorney that it was nol prosed. Thirdly I didn't commit the said crime I was only unfortunate to be at the wrong place

Nol pros is different from nolo. The case was nol prosed on the grounds that there was not enough evidence. 2ndly we didn't do trial I was just told by the state attorney that it was nol prosed. Thirdly I didn't commit the said crime I was only unfortunate to be at the wrong place

Yeah, nolo contendere and nolle prosequi are very different. I guess there will be some explaining to do with the nolle prosequi, but it certainly doesn't carry the same stigma of guilt as does a nolo plea (except of course with those individuals here who seem to find an implication of guilt simply from the fact of an arrest).

[Robert&Karen 264]

Yeah, nolo contendere and nolle prosequi are very different. I guess there will be some explaining to do with the nolle prosequi, but it certainly doesn't carry the same stigma of guilt as does a nolo plea (except of course with those individuals here who seem to find an implication of guilt simply from the fact of an arrest).

There is a big difference between the Prosecutor not having evidence to prove one guilty and knowing the person is innocent. Remember, they never got Al Capone on anything more than tax evasion. Doesn't make him a saint as a result.

[K&M F&E 1]

There is a big difference between the Prosecutor not having evidence to prove one guilty and knowing the person is innocent. Remember, they never got Al Capone on anything more than tax evasion. Doesn't make him a saint as a result.

Ha, well I certainly didn't say a word about anyone's innocence. Nolle prosequi does not equate to innocence, but it also does not equate to guilt. Your advice of "don't come to America to commit felonies" seems to suggest that you have misunderstood the latter inequality.

[adethony121 2]

K&M its better to ignore Robert&karen. I don't know why he's taking it personal. The only thing I'm sure of is that I'm not a criminal and I don't need someone like him to label me as one.

Edited January 24, 2012 by adethony121

[belinda63 3,031]

Possibly I can explain this by giving an example. If you are male and found in a known house of prostitution when it is raided you might be arrested and charged. Later they may realize there is not enough evidence to convict you so they dismiss the charges. You were not convicted in a court of law but USCIS may determine that a person who was in this situation is not of "good moral character" and deny your application.

[Robert&Karen 264]

I'm not taking it personal. I am being blunt because beating around the bush may make this incident appear too touchy-feely when in reality it is serious.

First off, there is really not enough information since you are not volunteering any. You do not have to say a word mind you, but that leaves us to our imaginations. Second, the example of a whorehouse being raided is a good one. Maybe you really were there to hand out religious materials and convert the poor souls. However it is highly unlikely. "Highly unlikely" in a court of law may not be enough for a conviction in this country.

You are not guilty but not innocent, said another. Well you are best off being 100% innocent, getting all the charges completely eradicated, maybe even get them dismissed with prejudice so they will never come back to haunt you.

Here is an example: In 1993 I was arrested for armed robbery. Shotguns in my face, helicopter, a dozen squad cars, the whole works. Did I do it? No! But I was driving behind the shop as it was being robbed and witnesses thought I was the getaway car. I was actually pulling next door to the shop in an alley. After the dust settled, EVERY SINGLE OFFICER apologized to me, said they were sorry, and wished me the best. I understood the situation, I was in the wrong place at the wrong time. But in the end the prosecutor never looked at me once. No court saw me, there is no arrest record, no anything whatsoever, because I was 100% innocent. (By the way they caught the robbers.)

I bring this up because, I ask, in your case can everyone involved in it say the same thing about you? You don't have to answer out loud, just think about it to yourself.

IF YES, wonderful, have them clear your name, life is great.

IF NO, then you still have enemies out there, and time is on their side. You need to get this settled. Really, settle it. The sooner the better.

I hope I made my point in this post. Sorry I did not come across ad clearly as I had wished. By posting here you are looking for help under the circumstances, and a lawyer may be needed in your case. I am sorry if I appeared to be prosecuting you myself, that was not my intent. My intent is that regardless of the outcome, it is a serious matter, and if I were in your shoes and totally innocent I'd beat this thing down with every ounce of energy I could muster. It kinda sucks you are in a limbo like this rather than completely off the hook. I don't think they are doing you favors by putting you in this position.

Edited January 24, 2012 by Robert&Karen

[adethony121 2]

I said earlier that there was no trial before the case was nol prosed. Sure. Everyone would say I was innocent of it. I'm not ready to go into the details yet but I'm very innocent of this. I don't need you to believe it though and I don't think I need immigration lawyer. The facts should speak for itself. I was a victim of prejudice and discrimination.

[I AM NOT THAT GUY 5,715]

nolle prosequi (no-lay pro-say-kwee) n. Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped. The statement is an admission that the charges cannot be proved, that evidence has demonstrated either innocence or a fatal flaw in the prosecution's claim, or the district attorney has become convinced the accused is innocent.

Don't see a problem. You will have to list it, and document it, but without anything to go on, I can't see how any derogatory judgment could be made.