an arrest! help please!

[Tim/Mav 305]

Thank you so much you all for taking the time and helping out, there is a question in the form we must take ds 260, there is a question that says have you ever been arrested before? I say NO?? Or do I say YES? We dont know what to do. Thank you and God bless you all

This is where Tricks come into play. I wanted to mention get a Full Police report from the Local Courthouse on this Incident. Have that paperwork with you IF ASKED. If in fact it was an Arrest. YES, declare it. Sounds like this is minor but NEVER lie on a Application. My question would be to you is did they use handcuffs, did they fingerprint you. did you have to go to Court over this matter? Or just hold and release. Important: Get the records from the Courthouse and go from there. Your far into the process so the Petioner has already passed a background check. I believe this is Minor to your application but I would get all the paperwork on this incident as Posible.

So, YOUR QUESTION IS: Was it an Arrest/or/Not? Only you can get the paperwork to answer the question on the Form. Get the police/courthouse reports. It is free and is public information. I sense you will be fine but Better Safe/Than Sorry.

[Harsh_77 718]

Hi Thank you for your reply, she was arrested for drinking in public, and held for 3 hours to sober up, not convicted or went to court, we already called the place she was taken and they told us that they dont have any paperwork for her there, maybe to try Sheriff department, The faciity she was taken shows that she was arrested in 2007. We are so nervous. what can we do??? Thank you

If she was just taken to sober up and no charges were filed, then its no where on the record and dont need to mention.

[Tim/Mav 305]

If she was just taken to sober up and no charges were filed, then its no where on the record and dont need to mention.

I Agree Harsh with that but, They are unclear if it is considered an arrest or not. I don't know and you don't know. Only the Courthouse records know. So She was asking do I put Yes/No on a arrest for this incident? We don't know what the record says. So to tell them not to mention it and act like it never happened without knowing what the final outcome was, if any at all is not a good recommendation to my thoughts. They need to go into to Public Records so they can answer the Form Question Honestly so it will not come back and BITE THEM. Simple as that. Minor as it is, the question on the Form Says Yes/No. Get the FACTS then Answer the Question

[lola12 1]

Thank you Tim/mav and to the rest of you as well for your help! she called the facility she was taken to and they told her that they dont have any paperwork but in their system it shows that she was arrested, she was handcuff and taken to sober up. so I think we will put yes to the Have you been arrested question and explain in detail what happened, Wish me luck guys! I will let you know how everything went after our interview. We dont have an interview yet, but we are getting ready for it. Good luck to all who are in the same boat. Soon enough we will all be together with our loved ones.

[Tim/Mav 305]

Thank you Tim/mav and to the rest of you as well for your help! she called the facility she was taken to and they told her that they dont have any paperwork but in their system it shows that she was arrested, she was handcuff and taken to sober up. so I think we will put yes to the Have you been arrested question and explain in detail what happened, Wish me luck guys! I will let you know how everything went after our interview. We dont have an interview yet, but we are getting ready for it. Good luck to all who are in the same boat. Soon enough we will all be together with our loved ones.

THIS is not as Serious as you think and a isolated incident. Get the records as best you can. This is Minor. Thank you for your honesty so we can answer your questions. Tim/Mav

[JeroenAndMichelle 28]

Thank you Tim/mav and to the rest of you as well for your help! she called the facility she was taken to and they told her that they dont have any paperwork but in their system it shows that she was arrested, she was handcuff and taken to sober up. so I think we will put yes to the Have you been arrested question and explain in detail what happened, Wish me luck guys! I will let you know how everything went after our interview. We dont have an interview yet, but we are getting ready for it. Good luck to all who are in the same boat. Soon enough we will all be together with our loved ones.

Just to add to what's already said in this topic: You'll be best off if you indeed clarify that you have once been arrested.

A couple of months ago, one of our tenants went for his citizenship interview and he got denied citizenship as they found he was lying and therefore not of good moral character.

What happened was that he was once picked up (never formally arrested) by the police and brought to the station. There was never any paperwork in the system and he thought he could just answer 'no' to the question if he was ever arrested, however, just like in your case, it also said about him that he got arrested, even though he was let go almost as soon as they arrived at the station and even though there was no real paperwork or case. It was an honest mistake from his side but they did not want to hear it and simply denied his case and he cannot go for citizenship again for another 5 years. If he in fact did say he got arrested once, he would now have been a citizen.

So yeah, it's best to state yes. You can add an additional sheet (or sheets) with a written explanation/declaration (I did this myself in my own case during every step as I was once arrested myself (with paperwork though) and it proved to be a lot of help to do this).

[Póg mo 1,749]

OP read this:

My link

Edited April 29, 2011 by InKorea

[Casprd 167]

Which form is it that is asking if the beneficiary has been arrested?

[JimVaPhuong 4,863]

Hi Thank you for your reply, she was arrested for drinking in public, and held for 3 hours to sober up, not convicted or went to court, we already called the place she was taken and they told us that they dont have any paperwork for her there, maybe to try Sheriff department, The faciity she was taken shows that she was arrested in 2007. We are so nervous. what can we do??? Thank you

There's a fine line between arrest and detention, and it isn't always clear which one applies. Detention is when you're being held pending an investigation. When the police are called to a fight they will sometimes detain everyone until they figure out what's going on, but that doesn't mean anyone was arrested. Arrest is when you are suspected of a crime, and are being held on that suspicion. It all boils down to why the officer chose to detain you. Sometimes there are clear indicators. For example, if they read you your Miranda rights then you're being arrested. However, they can arrest you without reading your rights to you if they have no intention of questioning or charging you. Being tossed in the drunk tank to sober up is a prime example of when this might happen.

She was arrested. You should declare this on the DS-156, or any other form that asks simply "Have you ever been arrested?".

Moral Turpitude is the beneficiaries background. I know Jim will look this up for sure. but, I think I read NO MORE THAN 3 Convictions related to Alcohal. This sounds like a single incident and will not hurt the application.

Three or more alcohol related convictions is something that would apply to the petitioner in meeting the IMBRA disclosure requirements. Alcohol related convictions are not crimes involving moral turpitude, and would not be inadmissible offenses for the beneficiary. HOWEVER, if the panel physician determines that the beneficiary has a drinking problem, and is possibly an alcoholic, then they can deny them on health grounds.

[A and T 82]

Was she drunk in the street? if not, in what state can you not legally drink in your yard or a friends yard? Thats private property!

[JimVaPhuong 4,863]

Was she drunk in the street? if not, in what state can you not legally drink in your yard or a friends yard? Thats private property!

"Public intoxication" is an offense in most jurisdictions. It's defined primarily by the behavior of the intoxicated person, and not by a quantifiable measure like blood alcohol level. You can be on private property, but be a nuisance to people on public property or other private property (taunting, jeering, fighting, etc.) and be charged with public intoxication.

This means you can be in your own yard, get drunk, start shouting profanities so that your neighbors can hear you, and be arrested for public intoxication.