Green card holder - arresred for domestic violence... deportation?

[Kizana 4]

I'm Courious. Does your Husband have the right to be by yourside at this pre-trial. End it now is what I mean... He's not testifying against you and is trying to stop charges.... The whole thing sounds silly when there was no physical danger. Just a Spat between Spouses.

According to the situation he is a victim even he did not press charges and wants the City to drop charges

And yes, he is going to be at courthouse on Monday - he checked with my lawyer if it is not interfering with no contact order, and it is not

Also, he sent a letter to the prosecutor asking to drop charges, drop no contact order, saying that each of us going to therapy and this whole situation can be resolved in marriage counseling ( he is a smart guy and he really has a talent to write good largess actually

So now will see what is going to happen, I guess...

[Tim/Mav 305]

According to the situation he is a victim even he did not press charges and wants the City to drop charges

And yes, he is going to be at courthouse on Monday - he checked with my lawyer if it is not interfering with no contact order, and it is not

Also, he sent a letter to the prosecutor asking to drop charges, drop no contact order, saying that each of us going to therapy and this whole situation can be resolved in marriage counseling ( he is a smart guy and he really has a talent to write good largess actually

So now will see what is going to happen, I guess...

I bet you will be fine then. I foresee the end of this on Monday. Sit with your husband at the hearing since it is allowed. Let me know how this works out. Tim

[Tanya and Barry 59]

Well.. you are probably right but I was not aware that woman would be arrested for slap on arm... and now I cannot take it back - I don;t want to get charges for lying in the court...

Thanks for you advices and for sharing your experience!

Work on the relationship with your husband. Go to counseling. It sounds like you love your husband.

The laws are tough for a reason. It is better than being an abused wife in Ukraine where the husband **may** be fined 50 grivna (7 dollars)for beating his wife. That's if the police come at all. You know what I'm talking about, K.

If you and your husband show the court you are making an attempt at counseling there is a good chance that you can get the charges reduced or dropped. Maybe this is the spark you both needed to save your marriage. Good Luck.

[newlyweds2010 208]

As squeaky noted, if they did not read you your Miranda rights before you made the statement then the statement can't be used against you in court. Even if they did read you your rights, you can recant anything you said to the police as a statement made under duress.

Hopefully, you have a decent attorney and not a public defender...

Only after being arrested, they must give you Miranda before interrogation. if the cops come in, they say "what's up", and you blurt out "oh it's all my fault, I slapped my hubby", then no Miranda is required. Same thing for the "I want my lawyer" request.

[markb 2]

It's hard to imagine this going to trial. Does the prosecutor really think there's enough evidence to convince a jury to convict? They are probably just looking to make a plea bargain with you. Your lawyer can probably offer you better advice than we can, but it doesn't sound like you did anything worthy of punishment.

[Bad_Daddy 2,209]

It's hard to imagine this going to trial. Does the prosecutor really think there's enough evidence to convince a jury to convict? They are probably just looking to make a plea bargain with you. Your lawyer can probably offer you better advice than we can, but it doesn't sound like you did anything worthy of punishment.

Probably 99% of the time something like this doesn't go to trial. They Plea bargain. That means you still end up with a rap sheet yet you don't do any time. It's costly counseling, probation, etc... and it's one giant pain in the #######. The worst part is that it's not about helping the "victim" if there even was a victim, it's about the court system making $$$. In most states a spouse doesn't have to press charges...the state/county/city/whatever takes the ball and runs with it whether the spouse does or doesn't want to press the issue.

And of course when you go to counseling you have to go to a "state recommended counseling program" that kicks your money back to the state. It's one of the biggest scams going, and it's been going on for years now.

[Kizana 4]

I bet you will be fine then. I foresee the end of this on Monday. Sit with your husband at the hearing since it is allowed. Let me know how this works out. Tim

They set up another pre-trial on May 24... Still with no contact order.

My lawyer said it will give her time to finally talk to the prosecutor, explaine the situation and negotiate to drop the charges ( even if the prosecutor will agree on this, most likely the charges would be dropped at the pre-trial then to make it all look official).

I guess I just have to wait then

[Tim/Mav 305]

They set up another pre-trial on May 24... Still with no contact order.

My lawyer said it will give her time to finally talk to the prosecutor, explaine the situation and negotiate to drop the charges ( even if the prosecutor will agree on this, most likely the charges would be dropped at the pre-trial then to make it all look official).

I guess I just have to wait then

I wished for you a faster end to this. No, they want to push - it. I don't know whats worse, Lawyers and Prosecutors or Bed Bugs. They all suck your Blood.. May 24th? Thats a long time for 10 minutes in a Court Room. Thats how are system works. I don't even think it will end up in Court. A Plea Bargain is my GUESS. Both of you, hang in there.

[Kizana 4]

I wished for you a faster end to this. No, they want to push - it. I don't know whats worse, Lawyers and Prosecutors or Bed Bugs. They all suck your Blood.. May 24th? Thats a long time for 10 minutes in a Court Room. Thats how are system works. I don't even think it will end up in Court. A Plea Bargain is my GUESS. Both of you, hang in there.

You got it exactly right, Tim - it was 10 minutes... ((

I am very upset to still not be able to see my husband for another 5 weeks... It's if the case will be dismissed on May 24...

I will try to bear myself in work until then and stay strong.

[mystic 11]

Thanks for the advice, and yes, I did and if people get convicted in domestic violence they get deported (however I looked at the cases when there was beating, injuries and testifying against each other). And yes, I am focused on the trial now because first of all I cannot talk now to my husband - no-contact order, second of all - if I get deported I cannot come back to US for at least 10 years - how do you think that kind of relationships is going to work?... obviously that would be the end of our relationships(((... I do think about our marriage, everything what I think is charges and marriage...

Thanks for advice about immigration attorney, I will start looking for experienced one right away.

First thing, your husband can request the no contact order be dropped if he wishes, he cannot request the charges be dropped. If you are convicted there is very much a chance you will be deported as a conviction in domestic violence is mandatory deportation ( I know of this because I am in the process myself with my husband soon to be ex husband). Your husband as the victim can tell the prosecutor and the judge that he does not want the no contact order.

Now, immigration may or may not pick you up for deportation on this matter depending on if anyone reports it to them. If you have already gotten your removal of conditions you are most likely ok but, if for some reason they do a name check and turn this conviction up, they will take action on it.

The other thing is, while they very likely will take you into custody for removal proceedings when they find out about the conviction( if you get a conviction), there is a chance that you will not be deported because your case did not involve bodily harm. The case with my husband does in the fact he injured me so much that i had stitches in my head and a permanent scar from it.

Talk to an immigration attorney ASAP!!!

And your husbands input at your pretrial and sentencing hearing will have a huge impact on what they decide to do. If he doesnt want you in jail then he needs to go to the prosecutor and write a letter to the courts stating in detail what happened and that he feels that you should not be punished, that it was an accident as you were only trying to pull away from him and such..... I got my husbands felony charge reduced down to a misdemeanor conviction this way.

[mystic 11]

First thing, your husband can request the no contact order be dropped if he wishes, he cannot request the charges be dropped. If you are convicted there is very much a chance you will be deported as a conviction in domestic violence is mandatory deportation ( I know of this because I am in the process myself with my husband soon to be ex husband). Your husband as the victim can tell the prosecutor and the judge that he does not want the no contact order.

Now, immigration may or may not pick you up for deportation on this matter depending on if anyone reports it to them. If you have already gotten your removal of conditions you are most likely ok but, if for some reason they do a name check and turn this conviction up, they will take action on it.

The other thing is, while they very likely will take you into custody for removal proceedings when they find out about the conviction( if you get a conviction), there is a chance that you will not be deported because your case did not involve bodily harm. The case with my husband does in the fact he injured me so much that i had stitches in my head and a permanent scar from it.

Talk to an immigration attorney ASAP!!!

And your husbands input at your pretrial and sentencing hearing will have a huge impact on what they decide to do. If he doesnt want you in jail then he needs to go to the prosecutor and write a letter to the courts stating in detail what happened and that he feels that you should not be punished, that it was an accident as you were only trying to pull away from him and such..... I got my husbands felony charge reduced down to a misdemeanor conviction this way.

Also DO NOT sign a plea agreement if you want to try to avoid conviction. Talk with your lawyer majorly on this. If you accept a plea agreement you are being convicted, if you are convicted you do face a chance of being deported...... at the very least after immigration knows of the conviction they will come and detain you and that will last a few months before they decide if they will let you go or deport you...

AGAIN i stress to you that i am in the middle of all of this.... My husband assaulted me in october, was convicted by plea in december, things went really badly between us in that time and after the conviction, and now he is sitting in immigration detention since beginning of february waiting for his FIRST HEARING on april 25th. and he was in jail from jan 27th until mid february when ice came to pick him up from jail so all in all he has been detained for 4 months almost. Be very careful

[Kizana 4]

First thing, your husband can request the no contact order be dropped if he wishes, he cannot request the charges be dropped. If you are convicted there is very much a chance you will be deported as a conviction in domestic violence is mandatory deportation ( I know of this because I am in the process myself with my husband soon to be ex husband). Your husband as the victim can tell the prosecutor and the judge that he does not want the no contact order.

Now, immigration may or may not pick you up for deportation on this matter depending on if anyone reports it to them. If you have already gotten your removal of conditions you are most likely ok but, if for some reason they do a name check and turn this conviction up, they will take action on it.

The other thing is, while they very likely will take you into custody for removal proceedings when they find out about the conviction( if you get a conviction), there is a chance that you will not be deported because your case did not involve bodily harm. The case with my husband does in the fact he injured me so much that i had stitches in my head and a permanent scar from it.

Talk to an immigration attorney ASAP!!!

And your husbands input at your pretrial and sentencing hearing will have a huge impact on what they decide to do. If he doesnt want you in jail then he needs to go to the prosecutor and write a letter to the courts stating in detail what happened and that he feels that you should not be punished, that it was an accident as you were only trying to pull away from him and such..... I got my husbands felony charge reduced down to a misdemeanor conviction this way.

First of all, thank you for sharing your story and giving me tips from your own experience, I appreciate it! And I am so sorry about what happened to you

My husband already sent a letter to the prosecutor asking for dropping no contact order, explaining all this accident, begging for no conviction ( me and I are going to counseling now separately and want to go together), saying that he doesn't want his wife taken away and that it would cause severe suffering to him and that I am no threat to anyone especially to him and that it was an accident etc.

Now my lawyer will try to negotiate with the prose utor to have the charges dropped. The second pre-trial is at the end of may so she has time to talk to the prosecutor.

I cannot hire immigration attorney because I already spent all savings on criminal attorney which has good reputation and hopefully will convince the prosecutor to drop charges ( maybe in exchange of attending anger management and marriage counseling)

Did you go and talked to the prosecutor personally to reduce the charges??? What did you say??? Please let me know

Edited April 14, 2011 by Kizana

[mystic 11]

First of all, thank you for sharing your story and giving me tips from your own experience, I appreciate it! And I am so sorry about what happened to you

My husband already sent a letter to the prosecutor asking for dropping no contact order, explaining all this accident, begging for no conviction ( me and I are going to counseling now separately and want to go together), saying that he doesn't want his wife taken away and that it would cause severe suffering to him and that I am no threat to anyone especially to him and that it was an accident etc.

Now my lawyer will try to negotiate with the prose utor to have the charges dropped. The second pre-trial is at the end of may so she has time to talk to the prosecutor.

I cannot hire immigration attorney because I already spent all savings on criminal attorney which has good reputation and hopefully will convince the prosecutor to drop charges ( maybe in exchange of attending anger management and marriage counseling)

Did you go and talked to the prosecutor personally to reduce the charges??? What did you say??? Please let me know

[/quote

When all this first happened , what my husband did to me was no accident at all. However i didnt want him to have a felony on record and didnt realize he was going to be deported over all this either. It was in my mind to try to work things out back then and i went to the prosecutors office personally and talked to the victims assistance representative and told her what i felt. I at that time felt that his behavior was not his normal behavior and that it was caused due to extenuating circumstances as leaving his home country, his family, not having work, not being able to drive and ect..... I said that i felt the charges should be lowered to a misdemeanor so that he did not have a felony on his record that would keep him from obtaining work and becoming a productive member of our society and that anger management and counseling would be appropriate. I stated i did not want the no contact order as i did not feel he was any further threat to me...... little did i know lol

but anyway i put all of that in a letter there in the prosecutors office with them watching me and they notarized it, the prosecution submitted it to the judge. The judge asked me if i wanted the no contact order dropped and i said yes so the judge dropped it. The next hearing i did not attend as we were not getting along and he signed a plea that was offered as a misdemeanor with anger management and public service of 40 hours as well as a 1 year sentence in jail all suspended as long as probation was not violated.

No contact order only goes one way, you cannot contact your husband at all in anyway, however your husband can contact you. Absolutely do not respond in anyway way, not even through another person unless its a lawyer.

The best course of action right now is for you and your husband both to work with your lawyer, the more your husband can be involved in your case the better and the more your husband talks with your lawyer the better.

If you do not want trouble with immigration do not sign a plea agreement and really push your lawyer to get the charges dismissed.... they can only work on deporting you if you are convicted or sign a plea

[Kizana 4]

quote name='Kizana

First of all, thank you for sharing your story and giving me tips from your own experience, I appreciate it! And I am so sorry about what happened to you

My husband already sent a letter to the prosecutor asking for dropping no contact order, explaining all this accident, begging for no conviction ( me and I are going to counseling now separately and want to go together), saying that he doesn't want his wife taken away and that it would cause severe suffering to him and that I am no threat to anyone especially to him and that it was an accident etc.

Now my lawyer will try to negotiate with the prose utor to have the charges dropped. The second pre-trial is at the end of may so she has time to talk to the prosecutor.

I cannot hire immigration attorney because I already spent all savings on criminal attorney which has good reputation and hopefully will convince the prosecutor to drop charges ( maybe in exchange of attending anger management and marriage counseling)

Did you go and talked to the prosecutor personally to reduce the charges??? What did you say??? Please let me know

[/quote ]

When all this first happened , what my husband did to me was no accident at all. However i didnt want him to have a felony on record and didnt realize he was going to be deported over all this either. It was in my mind to try to work things out back then and i went to the prosecutors office personally and talked to the victims assistance representative and told her what i felt. I at that time felt that his behavior was not his normal behavior and that it was caused due to extenuating circumstances as leaving his home country, his family, not having work, not being able to drive and ect..... I said that i felt the charges should be lowered to a misdemeanor so that he did not have a felony on his record that would keep him from obtaining work and becoming a productive member of our society and that anger management and counseling would be appropriate. I stated i did not want the no contact order as i did not feel he was any further threat to me...... little did i know lol

but anyway i put all of that in a letter there in the prosecutors office with them watching me and they notarized it, the prosecution submitted it to the judge. The judge asked me if i wanted the no contact order dropped and i said yes so the judge dropped it. The next hearing i did not attend as we were not getting along and he signed a plea that was offered as a misdemeanor with anger management and public service of 40 hours as well as a 1 year sentence in jail all suspended as long as probation was not violated.

No contact order only goes one way, you cannot contact your husband at all in anyway, however your husband can contact you. Absolutely do not respond in anyway way, not even through another person unless its a lawyer.

The best course of action right now is for you and your husband both to work with your lawyer, the more your husband can be involved in your case the better and the more your husband talks with your lawyer the better.

If you do not want trouble with immigration do not sign a plea agreement and really push your lawyer to get the charges dismissed.... they can only work on deporting you if you are convicted or sign a plea

Mystic, again I am very sorry what has happened to you. You said your husband intended to hurt you, but it feels that you still want to try to work things out with him... i might be mistaken though, i don't know your story, don't mean to be nosy... I can only guess under what stress are now((

Just wanted to wish you good luck and stay strong. There is a saying:" ... and this rain will stop..."

I appreciate you giving me advices and I will definitely tell my lawyer about her talking to my husband etc. I just want to give her time to reach to the prosecutor since it is kinda hard to catch him - he is almost always in trial... i will give my attorney time until the end of the next week, I think this is enough time to make things moving forward...

Edited April 14, 2011 by Kizana

[mystic 11]

Mystic, again I am very sorry what has happened to you. You said your husband intended to hurt you, but it feels that you still want to try to work things out with him... i might be mistaken though, i don't know your story, don't mean to be nosy... I can only guess under what stress are now((

Just wanted to wish you good luck and stay strong. There is a saying:" ... and this rain will stop..."

I appreciate you giving me advices and I will definitely tell my lawyer about her talking to my husband etc. I just want to give her time to reach to the prosecutor since it is kinda hard to catch him - he is almost always in trial... i will give my attorney time until the end of the next week, I think this is enough time to make things moving forward...

Wanted to try to work it out back in October, but a few days after i got him out of jail the first time i no longer wanted to, he is a psycho person that was worse after i bonded him out then he was before he went in for hitting me. Now i just want to be rid of him and never see his face again lol sad but true. Alot went into making me feel that way though, once i loved him more than air.

Good luck with your case and i hope this all gets sorted out.